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Insurance and the Law of Obligations$
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Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

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(p.96) (p.97) 5 Subrogation
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis offers the most promising route for judicial control of subrogation remedies; and identifies the significance of party risk allocations. Explores the rationales for insurer subrogation and for the exclusion of life and personal injury policies; and explores the potential use of subrogation on the part of health insurers. Critically analyses the decision in Lister v Romford Ice and Cold Storage Ltd and explains why it should not be seen as authority for a proposed ‘orthodox’ view that insurance is irrelevant to analysis of rights between parties.

Keywords:   Subrogation, Restitution, Risk allocation, Remedies, Indemnity, Double recovery, Health insurance

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