Subrogation: third-party immunity

In Rugby Football Union v Clark Smith Partnership Ltd [2022] EWHC 956 (TCC), Eyre J considered the familiar question of whether a sub-contractor was entitled to subrogation immunity by reason of being a party to a joint names insurance policy. The court held, consistently with authority, that the scope of the sub-contractor's immunity turned upon the agreement for co-insurance rather than the terms of the policy itself.

RFU : the facts