Category: Indemnity, subrogation and contribution

Home Indemnity, subrogation and contribution

Insurer’s Right of Subrogation Upon Payment

Insurer’s Right Of Subrogation Upon Payment  1. Introduction To Subrogation Subrogation is a concept with a wide application within and outside contracts of insurance. It has its foundations in Roman law. Subrogation is largely an equitable (as opposed to a common law) doctrine, although there appears to be some support for the view that there...


The measure of indemnity: constructive total loss (CTL)

The measure of indemnity: constructive total loss (CTL) 1. Definition of a constructive total loss A constructive total loss (or a ‘CTL’) is a concept known only to marine insurance law. Section 60(1) MIA defines a CTL in the following terms: ‘subject to any express provision in the policy, there is a constructive total loss...