ROYAL & SUN ALLIANCE INSURANCE PLC AND OTHERS v TEXTAINER GROUP HOLDINGS LTD AND OTHERS

[2024] Lloyd's Rep IR 465

COURT OF APPEAL

Before Lord Justice Arnold,Lord Justice Phillips,Lady Justice Falk

Insurance (marine) – Subrogation – Allocation of recoveries – Indemnity – Average – Insurance arranged in layers – Loss exceeding amount of insurance – Whether recoveries from third party went to reducing uninsured loss or were to be shared proportionately between insurer and assured – Marine Insurance Act 1906, section 81.