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Protection of co-assureds
It is settled law that co-assured B is immune from a subrogation action by insurers if they have been required to indemnify co-assured A for a loss caused by co-assured B. There are two limitations to the immunity of B: the policy must cover B for..
Online Published Date:
01 June 2007
Appeared in issue:
Vol 19 No 6 - 01 June 2007
The meaning of ‘damages’
Although the insuring clauses of liability policies may vary in their wording, a typical clause will cover the assured against liability at law for damages in respect of various forms of loss, whether personal injury, property damage or pecuniary..
Online Published Date:
01 June 2007
Appeared in issue:
Vol 19 No 6 - 01 June 2007
Subrogation
The allocation of liability for the costs of hiring replacement vehicles while the assured’s own vehicle is being repaired has given rise to a massive amount of complex and expensive litigation utterly disproportionate to the amounts involved...
Online Published Date:
01 June 2007
Appeared in issue:
Vol 19 No 6 - 01 June 2007
Waiver of disclosure
It is settled law that the duty of utmost good faith, while independent of the obligation of the assured to answer express questions accurately, is nonetheless affected by the scope of express questions. A limited question on a specific point may be..
Online Published Date:
01 June 2007
Appeared in issue:
Vol 19 No 6 - 01 June 2007