The assured alone can give a valid receipt and discharge to a third party against whom a judgment has been given following a successful subrogated claim.
Diplock J said: ‘The expression ‘subrogation’ in relation to a contract of marine insurance is thus no more than a convenient way of referring to those terms which are to be implied in the contract between the assured and the insurer to give business efficacy to an agreement whereby the assured in the case of a loss against which the policy has been made shall be fully indemnified, and never more than fully indemnified.’ and ‘The simple principle which I apply is that the insurer cannot recover under the doctrine of subrogation … anything more than he has paid.’
Diplock J
[1962] 2 QB 330, [1961] 2 All ER 487
England and Wales
Cited by:
Cited – Bee v Jenson ComC 21-Dec-2006
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 23 November 2021; Ref: scu.247979