Royal Indemnity Co. v. Pharr

A necessaiy ingredient of subrogation is that a valid right exists in the subrogor with which the subrogee is entitled to be vested either by operation of law or by formal transfer. The petition not showing that any right of action against Maddox accrued to the defendant, it obviously set forth no right to recover damages from him for not assigning such right to the plaintiff.

In Arnold v. Jacobs, 319 Mass. 130, 133 (65 N. E. 2d 4), it was held: “The policy provides that Tn the event of any payment under this policy, the company shall be subrogated to all the insured’s rights of recovery…