Apuntes
Subrogation & Contribution
Contenido del apunte (1)
Página 1
Subrogation & Contribution follow on from Indemnity
Support the principals of indemnity
Apply to insurance which are contracts of indemnity
Do not apply to non-indemnity contracts
Principal of indemnity prevents insured recovering a greater amount from their insurers than the loss they have sufferred.
An insured may be in a position to claim more than twice for the same loss.
More than one policy - loss shared under principal of contribution
Entitled to indemnity under contact and a claim against another person/entity - law prevents making of a profit & achieving more than an indemnity
If insured claims from insurance they give up their right to claim from other person so leaving the insurers to claim payment from the other party
There are 2 definitions of subrogation
the leading case of Castellain v Preston preserves the principal of indemnity and the case of Burnand v Rodocananchi preserves the legal right or claim against some other person for the same loss.
Main purpose of subrogation is to prevent unjust enrichment and preserve the principal of indemnity and equity
Información
- Descripción
- MDI 01 Subrogation & Contribution Apunte sobre Subrogation & Contribution, creado por Louisa Victoria el 02/11/2015.
- Creado por
- Louisa Victoria · nov 2015
- Actualizado
- 28 abr 2016
- Visitas
- 2
- Valoración