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CHAPTER 6 When the right of contribution arises

Double Insurance and Contribution

Page 131


When the right of contribution arises

A the UK Position

6.1 Factors required for contribution in double insurance

The right of contribution in double insurance will only arises where (1) there is double insurance, in that the two policies cover the same assured, the same interest and the same period and are more or less of the same scope; (2) both policies respond to the loss; and (3) the paying insurer has paid under a legal liability and not as a volunteer.

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