Q3.
1
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The term ‘subrogation’ literally means:
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Q3.
2
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What is an ex gratia payment?
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Q3.
3
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When an insurer has paid a loss brought about by the negligence of the Insured or a third party covered by the policy, the insurer has no claim against the Insured for damages.
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Q3.
4
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The insurers of a landlord and tenant are not entitled to subrogation.
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Q3.
5
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The doctrine of subrogation usually applies to indemnity insurance, and is generally not applicable to personal accident policies or life insurance.
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Q3.
6
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When it comes to insurance law, subrogation is strictly a common law principle.
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Q3.
7
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Subject to the written terms of the policy, generally two conditions need to be fulfilled before an insurer can exercise a right of subrogation. These conditions are that (i) the insurer must be liable for the relevant loss, and:
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Q3.
8
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An insurer is nonetheless entitled to exercise its rights of subrogation if the contract with the Insured is void.
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Q3.
9
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An insurer's right of subrogation against a third party may be affected by the written or implied terms of any existing contract between the Insured and that third party.
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Q3.
10
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Express terms are:
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Q3.
11
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Circuity of action arises in a situation where:
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Q3.
12
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Generally, the courts will recognise an implied term even if it is inconsistent with an express term contained in the policy.
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Q3.
13
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Equity is the name given to the set of legal principles that supplement the English common law tradition and focus on issues of fairness.
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Q3.
14
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It is unusual for parties to an insurance contract to exclude or restrict the rights of the insurer under the doctrine of subrogation.
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Q3.
15
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After the Insured has been indemnified, a significant issue is how the proceeds of any recovery against third parties are shared between Insured and the insurer.
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