Yates v Whyte: 1838

Plaintiff sued Defendants for damaging his ship by collision : Held, that Defendants were not entitled to deduct from the amount of damages to be paid by them, a sum of money paid to Plaintiff by insurers in respect of such damage.

Citations:

(1838) 4 Bing NC 272, [1838] EngR 396, (1838) 132 ER 793

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedSimpson 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 . .
CitedCaledonian 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 . .
Lists of cited by and citing cases may be incomplete.

Insurance, Transport

Updated: 09 May 2022; Ref: scu.191158