An insurer who has fully indemnified an insured against a loss covered by a contract of insurance between them may ordinarily enforce, in the insurer’s own name, any right of recourse available to the insured.
Citations:
(1748) 1 Ves Sen 98, [1748] EngR 367, (1748) 27 ER 916 (A)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Caledonian North Sea Ltd v London Bridge Engineering Ltd and Others HL 7-Feb-2002
Substantial personal injury claims had been settled following the Piper Alpha disaster. Where a contractual indemnity had been provided under a contract, and insurance had also been taken out, but the insurance had not been a contractual . .
Cited – Simpson and Co v Thomson HL 1877
The House discussed the extent of an insurer’s right of subrogation: ‘My Lords, these authorities seem to me to be conclusive that the right of the underwriters is merely to make such claim for damages as the insured himself could have made, and it . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 13 May 2022; Ref: scu.191155