https://www.taxtmi.com/caselaws?id=168810 In marine insurance, subrogation alone does not give the insurer an independent right to sue third parties in its own name; the insurer's recourse remains derivative of the assured's position unless there is a valid assignment transferring the cause of action. On the facts, although the assured executed a subrogation-cum-assignment document after receiving indemnity, the majority treated the assured's cause of action as not extinguished by subrogation alone and held that the assured was competent to maintain the suit. The dissent considered the document a complete assignment that displaced the assured's right to sue. The appeal failed. en-us Thu, 28 Sep 1972 00:00:00 +0530 Sat, 28 Mar 2015 11:46:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168810 In marine insurance, subrogation alone does not give the insurer an independent right to sue third parties in its own name; the insurer's recourse remains derivative of the assured's position unless there is a valid assignment transferring the cause of action. On the facts, although the assured executed a subrogation-cum-assignment document after receiving indemnity, the majority treated the assured's cause of action as not extinguished by subrogation alone and held that the assured was competent to maintain the suit. The dissent considered the document a complete assignment that displaced the assured's right to sue. The appeal failed. Case-Laws Indian Laws Thu, 28 Sep 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168810