Subrogation

Question 1

Subrogation

Answer 1

After payment of a loss, insurer can have all benefits and rights of the insured

Question 2

Legal basis

Answer 2

Common law-castillain V Preston

Damaged house, had to give profits back

Question 3

Rights insurer can take

Answer 3

Tort
Contract
Statute
Salvage

Question 4

Bringing action

Answer 4

Insurer can sue using insureds name

Ben: cloak of anonymity

Question 5

Partial insurance

Answer 5

Can it recover more from 3rd party than paid to insured

Question 6

Limits to subrogation

Answer 6

Doctrine of the unnamed co-Insured

Waiver of subrogation rights

Question 7

Doctrine of unnamed co insured

Answer 7

Cannot subrogare against co-insured even if loss is by their negligence
“Rowland’s V Berns inn ltd”

Question 8

Waiver of subrogation rights

Answer 8

Can’t subrogare against party in waiver clause
“National oilwell”-subrontracter protected until they’re no longer privy
“Surf city”-person covered by waiver can rely on it

Question 9

Employees as 3rd party

Answer 9

Lister V Romford ice

Insurer subrogare father against so

Question 10

Gentleman’s agreement

Answer 10

Ul stopped subrogation against employees

No law/precedent

Question 11

Irish law

Answer 11

Zurich ins V shields ins

Employer can subrogate for negligent employee actions