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Subrogation in the law of marine insurance

Subrogation in the law of marine insurance
Subrogation in the law of marine insurance

The law of subrogation is one of the most important and complex doctrines in the law of marine insurance. Controversy and complexity over this doctrine have long been discussed in courts and among academic scholars. Common law has created some rather unjust and harsh results towards this doctrine, such as Yorkshire v. Nisbet as to the surplus of recoveries as the result of currency fluctuation; Napier v. Hunter as to the 'top down' recovery rule; Simpson v. Thomson as to rights against vessel in the same ownership. The thesis which is primarily based on the English law attempts to tackle the legal problems in application of the doctrine in the law of marine insurance. Comparative study of this doctrine has been carried out and proposals to reform this law were also submitted in the thesis.

The problems exist in the law of subrogation, inter alia, the basis of subrogation rights; the mechanics of taking over the rights and remedies of the person who has been paid; the distribution of recovery when the payment has not satisfied all the loss of the assured; the legal issue when the payment is not made under legal obligation by the insurer or by a third party; limitation, loss of rights and the defences available to the third party.

Chapter I is a brief introduction. Chapter II is the general consideration of doctrine of subrogation. In the third chapter, basis of subrogation was explored, which was debated for many years until the decision of the House of Lords in Napier v. Hunter. In Chapter IV, the exercise of subrogation rights was discussed, in particular, when does the insurer remain dominus litis? In Chapter V, a thorough analysis of the distribution of recoveries under various kinds of policies and proper allocation of subrogation recovery is proposed.

University of Southampton
Chen, Sanming
05fbea0a-5a32-4acb-a274-5f9212a7d697
Chen, Sanming
05fbea0a-5a32-4acb-a274-5f9212a7d697

Chen, Sanming (1999) Subrogation in the law of marine insurance. University of Southampton, Doctoral Thesis.

Record type: Thesis (Doctoral)

Abstract

The law of subrogation is one of the most important and complex doctrines in the law of marine insurance. Controversy and complexity over this doctrine have long been discussed in courts and among academic scholars. Common law has created some rather unjust and harsh results towards this doctrine, such as Yorkshire v. Nisbet as to the surplus of recoveries as the result of currency fluctuation; Napier v. Hunter as to the 'top down' recovery rule; Simpson v. Thomson as to rights against vessel in the same ownership. The thesis which is primarily based on the English law attempts to tackle the legal problems in application of the doctrine in the law of marine insurance. Comparative study of this doctrine has been carried out and proposals to reform this law were also submitted in the thesis.

The problems exist in the law of subrogation, inter alia, the basis of subrogation rights; the mechanics of taking over the rights and remedies of the person who has been paid; the distribution of recovery when the payment has not satisfied all the loss of the assured; the legal issue when the payment is not made under legal obligation by the insurer or by a third party; limitation, loss of rights and the defences available to the third party.

Chapter I is a brief introduction. Chapter II is the general consideration of doctrine of subrogation. In the third chapter, basis of subrogation was explored, which was debated for many years until the decision of the House of Lords in Napier v. Hunter. In Chapter IV, the exercise of subrogation rights was discussed, in particular, when does the insurer remain dominus litis? In Chapter V, a thorough analysis of the distribution of recoveries under various kinds of policies and proper allocation of subrogation recovery is proposed.

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Published date: 1999

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Local EPrints ID: 464287
URI: http://eprints.soton.ac.uk/id/eprint/464287
PURE UUID: 00808bed-6d30-4367-a1a8-f29c815571b7

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Date deposited: 04 Jul 2022 21:56
Last modified: 23 Jul 2022 02:06

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Author: Sanming Chen

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