Knowee
Questions
Features
Study Tools

With the aid of authorities, discuss the doctrine of subrogation in the law of insurance.

Question

With the aid of authorities, discuss the doctrine of subrogation in the law of insurance.

🧐 Not the exact question you are looking for?Go ask a question

Solution

The doctrine of subrogation in insurance law refers to the right of an insurance company to step into the shoes of the insured, after settlement of a claim, in order to recover from a third party responsible for the loss. This is a fundamental principle of all insurance contracts, designed to prevent the insured from recovering more than the actual amount of the loss.

The principle of subrogation was established in the case of Castellain v Preston (1883) where it was held that the insurer, having indemnified the insured, is entitled to take over all the rights and remedies of the insured whether they are against the insurer or third parties.

In the case of Banque Financiere de la Cite v Westgate Insurance Co Ltd (1990), it was held that the right of subrogation arises immediately upon the insurer paying for the loss. The insurer is then entitled to use the insured's name to sue the third party to recover the amount of the loss.

The doctrine of subrogation is also subject to certain limitations. For instance, an insurer cannot exercise its rights of subrogation against its own insured. This was established in the case of Yorkshire Insurance Co Ltd v Nisbet Shipping Co Ltd (1962).

In conclusion, the doctrine of subrogation is a fundamental principle in insurance law that allows an insurer to recover the amount of a loss from a third party responsible for the loss, after the insurer has indemnified the insured. This principle is subject to certain limitations and is based on the idea that the insured should not recover more than the actual amount of the loss.

This problem has been solved

Similar Questions

What principle asserts that the insurance will pay only once, even if the insured holds multiple policies?ContributionSubrogationIndemnityProximate cause

Who elects the governing body of a mutual insurance company?

When you buy insurance, you have to follow the stipulations of the  insurance policy .Question 40Select one:a.当你买保险时,你就要遵守保险单的各项规定。b.当你买保险时,你就要遵守保险政策的规定。

Which of the following is the simplest type of standing plan? a. b. c. d. e. a policy a rule a procedure none of the above

Would imposing a duty of care, open the floodgates of liability or interfere with the high level policy or quasi legislative powers of that statutory authority?

1/1

Upgrade your grade with Knowee

Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.