United States v. Aetna Casualty & Surety Co.

These cases, here on certiorari, present this important question under the Federal Tort Claims Act: May an insurance company bring suit in its own name against the United States upon a claim to which it has become subrogated by payment to an insured who would have been able to bring such an action? That question, in turn, requires our consideration of R. S. 3477, the “anti-assignment” statute.

Three cases, each presenting a slightly different aspect of the problem, were heard by the Court. In No. 35, the complaint alleges that an employee of the Federal Reserve Bank of New York was injured as…