Subrogation and contribution cases

Question 1

Insurer subrogates against son of injured father

Answer 1

Lister v Romford Ice And Cold Storage (1957)

Question 2

Four implied duties of insured with respect to subrogation.

Answer 2

Napier v Hunter (1993)

Question 3

If recovery generates a surplus insured is entitled to keep it

Answer 3

Yorkshire Insurance Co. Ltd v Nisbet Shipping Co. Ltd (1962).

Question 4

insurers recover prize money even though it was a gift

Answer 4

Randal v Cochran (1748)

Question 5

Subrogation arises under statute

Answer 5

The Riot Damages Act 1886.

Question 6

Example of double recovery

Answer 6

Castellain v Preston

Question 7

Insurers can only subrogate if they have indemnified the insured

Answer 7

Scottish Union and National Insurance v Davies (1970)

Question 8

Against public policy to sue fellow worker

Answer 8

Morris v Ford Motor Co. (1973)

Question 9

If the underlying contract exempts the sub-contractor’s liability, there will be no subrogation rights but otherwise, the insurer subrogates into the contractor’s rights despite the fact that the subcontractor is a coinsured.

Answer 9

Tyco Fire and Integrated Solutions (UK) Ltd v. Rolls Royce Motor Cars Ltd (2008)

Question 10

Court of Appeal stated that the parties’ agreement to be insured under the same policy impliedly indicates that when there is a liability, the parties look to the insurer but not each other, to seek compensation for it.

Answer 10

Gard Marine & Energy Ltd v. China Chartering Co Ltd (The Ocean Victory) (2013)

Question 11

Court of Appeal stated that the parties’ agreement to be insured under the same policy impliedly indicates that when there is a liability, the parties look to the insurer but not each other, to seek compensation for it.

Answer 11

Rathbone Brothers Plc v. Novae Corporate Underwriting Ltd (2013)

Question 12

Policies must cover the same insurable interest for contribution to apply

Answer 12

King And Queen Granaries (1877)

Question 13

If both policies contain non-contribution clauses then loss is shared

Answer 13

Gale v Motor Union Insurance (1928)

Question 14

Legal and General still can claim contribution from sphere drake after Sphere Drake argued that insured had breached the claims reporting condition.

Answer 14

Legal and General Insurance Society v. Sphere Drake Insurance Co. Ltd (1992)