MARINE INSURANCE ACT 1909 - SECT 85 Right of subrogation
MARINE INSURANCE ACT 1909 - SECT 85
Right of subrogation(1) Where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part, of the subject - matter insured, he or she thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject - matter so paid for, and he or she is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject - matter as from the time of the casualty causing the loss.
(2) Subject to the foregoing provisions, where the insurer pays
for a partial loss, he or she acquires no title to the subject - matter
insured, or such part of it as may remain, but he or she is thereupon
subrogated to all rights and remedies of the assured in and in respect of the
subject - matter insured as from the time of the casualty causing the loss, in
so far as the assured has been indemnified, according to this Act, by such
payment for the loss.