i-law

Insurance Disputes

9

SUBROGATION

NEIL BERESFORD AND JON TURNBULL

1. THE PRINCIPLES OF SUBROGATION

Legal basis


Page 233

9.1 Subrogation is a legal institution by which underwriters, having paid an indemnity, become entitled to pursue an action in the name of the assured to enforce the rights and remedies of the assured. It arises in all classes of indemnity insurance1 including marine insurance,2 non-marine insurance3 and reinsurance.4 In Simpson v Thomson, Lord Cairns described subrogation in the following terms5:

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