The court considered the situation arising where an insurer took an sssignment of the right of action from the insured.
Held: Once there has been an effective assignment of a chose in action, the assignor has no continuing interest in the right in action. The underwriters may however recover more than 100 per cent. of their loss, whereas by subrogation they could only have recovered up to 100 per cent. of their loss. Assignment must be clearly distinguished from subrogation.
Subrogation under insurance policies does not offend the principles against assignment of causes of action.
Judges:
Roskill J
Citations:
[1965] 1 QB 101, [1964] 1 All ER 216
Jurisdiction:
England and Wales
Cited by:
Cited – Simpson v Norfolk and Norwich University Hospital NHS Trust CA 12-Oct-2011
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible.
Held: The appeal was dismissed. The claimant did not have . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 11 May 2022; Ref: scu.445435