The Travelers Indemnity Company, a Corporation v. Standard Accident Insurance Company, a Corporation

I agree that the judgment below should be reversed with direction to dismiss the action.

Travelers, at this stage, is not a sub-rogee of its insured, Hoe Sai Gai. Until it furnishes a defense or pays out money in satisfaction of the claim of Ferguson, the injured party, it has no standing as a subrogee. Therefore, the question is pertinent: What right does Travelers have to insist that Hoe Sai Gai be declared an additional insured of Standard ? The answer is, none.

If Hoe Sai Gai were the plaintiff who was seeking a defense and additional insurance protection from Standard, it would have…