Add to ORKG“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not entitle to receive the excess from the assured, what happens to the excess?” This question, posed by Lord Justice Megaw in L. Lucas Ltd. v. Export Credits Guarantee Department, is bred by the juxtaposition of two subrogation rules. The right to subrogation, being in nature like restitution, entitles the holder of the right only to reimbursement and, under a contract of insurance, “the assured … shall be fully indemnified, but shall never be more than fully indemnified.” The confusion that distribution of windfall profits in subrogation has brought to American and English courts derives from both the difficulty of the question and its rarity. ...
Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of it...
Following the landmark decision of the House of Lords in Banque Financière de la Cité v Parc (Batter...
Subrogation is well known to the common law legal system. It has existed in one form or other for at...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The law of subrogation is one of the most important and complex doctrines in the law of marine insur...
Subrogation is an important concept in insurance law. There are several reasons why an insurer that ...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
The problem of windfall has recently become more and more frequent in marine insurance. The solution...
Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of it...
When an insured loss occurs under circumstances that make a third person liable to reimburse the ins...
Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of it...
Following the landmark decision of the House of Lords in Banque Financière de la Cité v Parc (Batter...
Subrogation is well known to the common law legal system. It has existed in one form or other for at...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The law of subrogation is one of the most important and complex doctrines in the law of marine insur...
Subrogation is an important concept in insurance law. There are several reasons why an insurer that ...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
The problem of windfall has recently become more and more frequent in marine insurance. The solution...
Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of it...
When an insured loss occurs under circumstances that make a third person liable to reimburse the ins...
Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of it...
Following the landmark decision of the House of Lords in Banque Financière de la Cité v Parc (Batter...
Subrogation is well known to the common law legal system. It has existed in one form or other for at...