Download PDF by Hodges: Cases & Mats on Marine Insurance Law

By Hodges

ISBN-10: 1859414389

ISBN-13: 9781859414385

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Extra resources for Cases & Mats on Marine Insurance Law

Sample text

But then there may be cases where, although two different persons insured in respect of different rights, each of them can recover the whole, as in the case of a mortgagor and a mortgagee. But wherever that is the case, it will necessarily follow that one of these two has a remedy over against the other, because the same property cannot in value belong at the same time to two different persons…I think whenever that is the case, the company which has insured the person who has the remedy over succeeds to his right of remedy over, and then it is a case of subrogation.

1 See Appendix 1. 1 Cases and Materials on Marine Insurance Law Brett LJ: [p 386] …The very foundation, in my opinion, of every rule which has been applied to insurance law is this, namely, that the contract of insurance contained in a marine or fire policy is a contract of indemnity, and of indemnity only, and that this contract means that the assured, in case of a loss against which the policy has been made, shall be fully indemnified, but shall never be more than fully indemnified. That is the fundamental principle of insurance, and if ever a proposition is brought forward which is at variance with it, that is to say, which either will prevent the assured from obtaining a full indemnity, or which will give to the assured more than a full indemnity, that proposition must certainly be wrong.

Legal and General Assurance Society Ltd v Drake Insurance Co Ltd [1992] 1 All ER 283, CA Two insurance companies insured the same driver under standard private car policies. Both policies provided that immediate written notice had to be given of an event which might give rise to a claim, observance of which was a condition precedent to liability, and that if there was ‘any other insurance covering the same loss’ when the claim arose, the insurers would not pay or contribute more than their rateable proportion.

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Cases & Mats on Marine Insurance Law by Hodges


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