Principle of Subrogation (Marine Insurance)

The Principle of Subrogation states that:

After the insurer pays the insured for a loss, the insurer acquires the legal right to recover that amount from the third party responsible for the loss.

It is based on the principle of indemnity.

Why This Principle Exists

Prevents double compensation to the insured
Ensures the actual wrongdoer pays
Protects insurer from unfair loss

How It Works (Marine Example)

Ship is damaged due to negligent stevedores.
Shipowner claims under hull insurance.
Insurer pays compensation.
Insurer then sues the stevedore to recover the amount.

➡ The insurer “steps into the shoes” of the insured.

Legal Provision (India)

Under Section 79 of Marine Insurance Act, 1963:

Upon payment of loss, the insurer is subrogated to all rights and remedies of the insured.

Key Features

Applies only after claim payment
Loss must involve a third party
Insured must not waive rights without insurer’s consent
Insurer can recover only the amount paid

Comments

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