therefore, classify
subrogation under three broad
categories:
(i) subrogation by equitable
assignment;
(ii) subrogation by contract; and
(iii) subrogation-cum-assignment.
28.1 In the first ... entire loss, then equitable right
of subrogation arises and in such case of
subrogation by equitable assignment, the insurer
would be allowed to stand
debt due to the Bank and
hence the same constitutes an equitable assignment of the
amount due under the decree or so much of that ... Court of Chancery came to the conclusion that
there was an equitable assignment in favour of the executors of
Mr Sims of a portion
settled its claim in regard to the loss.
16. The equitable assignment of the rights and remedies
of the assured in favour of the insurer
Suretyship
(1950 Edn. Page 205) which reads thus :
"Subrogation is equitable assignment. The right comes into existence when
the surety becomes obligated, and this
equitable relief of passing of is not available to a person
who has been guilty of material suppression;
ii. The equitable relief of passing ... respondent No.1 which had only filed an assignment deed without
any goodwill, and the assignment was of the whole mark 'SONA
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