n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Insurance subrogation, implied or expressed : in the name of the insured, always : case comments

Volume 19, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Like all triangular legal relationships, the legal position of insurer, insured and third party in the traditional subrogation situation can become rather complicated. Still, underlying the legal doctrine of subrogation in insurance law are a few fundamental principles, in themselves fairly straightforward and undisputed (for a discussion of these principles, see MFB Reinecke, Schalk van der Merwe, JP van Niekerk & Peter Havenga (2002) in pars 373-402).

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