n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Insurance subrogation : not always in the name of the insured? : case comments




In recent times the doctrine of subrogation has become one of the most litigated aspects of our insurance law. Often procedural at heart, the issues arising for decision have tested our understanding of a doctrine taken over in our insurance law from English law (see my contributions 'Subrogation and Cession in Insurance Law: A Basic Distinction Confounded' (1998) 10 58; 'Subrogation to an Enrichment Claim and the Subrogating Insurer's Duties: Some General Observations on Obiter Remarks' (2006) 18 508; 'Insurance Subrogation, Implied or Expressed: In the Name of the Insured, Always' (2007) 19 502; and 'Subrogation in Terms of a Marine Insurance Contract Governed by Foreign Law: The Untraceable or No Longer Existing Insured Creates a Dilemma for Insurers' 2008 575).


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