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Subrogation: claims against co-assureds

Insurance Law Monthly

Subrogation: claims against co-assureds

In Gard Marine & Energy Ltd v China National Chartering Co. Ltd and Others (The Ocean Victory) [2013] EWHC 2199 (Comm), Teare J held that the hull underwriter was entitled to bring a subrogated claim against the demise charterer for breaching a safe port warranty even though the demise charterparty contained a clause under which the owner and demise charterer were co-assureds. The decision is discussed by Ben Smiley of 4 New Square.

The Ocean Victory : the facts

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