n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Subrogation to an enrichment claim and the subrogating insurer's duties : some general observations on obiter remarks : case comments




Extracted from text ... 440 Subrogation to an Enrichment Claim and the Subrogating Insurer's Duties: Some General Observations on Obiter Remarks JP VAN NIEKERK University of South Africa Despite its common occurrence in practice, many aspects of the law surrounding the doctrine of subrogation remain either undetermined or unsettled. The decision in St Helena Primary School & Another v MEC, Department of Education, Free State Province & Another ([2005] JOL 15846 (O)) raised two further unresolved aspects, namely whether an insurer may be subrogated to an enrichment claim that the insured has against the third party, and whether the insurer may proceed against the ..


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