n Tydskrif vir die Suid-Afrikaanse Reg - Subrogation in terms of a marine insurance contract governed by foreign law : the untraceable or no longer existing insured creates a dilemma for insurers - 2007 4 All SA 922 (C) : regspraak

Volume 2008, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



This decision concerned mainly procedural matters in an admiralty action , but nevertheless highlighted an arcane procedural niche of the principle of subrogation as it operates in insurance law. That should not be too surprising. After all, subrogation is for a large part nothing more than a procedural device in the service of the indemnity principle.

Furthermore, the decision is of note in that it concerned a contract of marine insurance, a species of insurance that despite its ancient pedigree rarely comes before local courts these days. And finally, the decision raised a small but moot point in the field of private international law. But first, the background.

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