The law of co-insurance policies

Abstract

Co-insurance policies have increasingly become a common feature in the insurance market, and their use has raised numerous questions in the courts as to both their interpretation and implementation.  The focus of this thesis shall be to resolve some of these issues and also to determine the relevance of such policies to parties relying upon them.

In achieving the above aims, emphasis shall be placed on the extent of which co-insurance policies provide and protect parties with the twin benefits available to a party under an insurance policy, i.e. rights of enforcement against the insurer and subrogation immunity. A comparison shall also be made with alternate ways, other than co-insurance, through which a third party can attain the above benefits.  It is hoped that through this exercise, the relevance of co-insurance policies can be further highlighted.

As mentioned above, an essential part of this thesis shall also be to critically examine the approach of the English courts in resolving major issues in relation to the interpretation of such policies. It is hoped that such an exercise would provide an insight into the present law relating to such policies and, where necessary, offer solutions which would facilitate in the development of a coherent body of rules necessary for the implementation of such policies.

Overall, it is hoped that through the above analyses, the laws relating to such policies, can be better understood and developed in order to satisfy the legitimate expectations of parties relying upon them.

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