SYNOPSISInsurance disputes are often brought between two insurers: the innocent assured has been indemnified by their insurers who has stepped into the assured’s shoes and claimed against the guilty party. The guilty party is likely to be insured, and their insurer would take over defending the claim. Unlike many other jurisdictions, at Common Law, an insurer’s subrgoation action has to be brought in the assured’s name and hence, it is often not realised at first sight that that is a subrogation action. Two different issues therefore have to be borne in mind: firstly, the guilty party’s liability to the assured and secondly if the innocent party’s insurer’s subrogation rights are alive and well. Although it is a settled principle of law and was codified also under the Marine Insurance Act 1906, it appears to be still unclear what the legal basis of insurer’s subrogation is? Moreover, are the subrogated insurer’s rights any different to those of a loss payee or an assignee? Additionally, does the innocent assured whose loss has been indemnified only partially by the insurer have to share with the insurer a subsequent recovery from the third party? This talk will look closely at the abovementioned issues in light of the recent developments in English law. The time allocated for the talk will be unlikely to allow to cover in detail the insurer’s subrogation rights in the case of a co-insurance – which comes before the courts frequently. This matter will nevertheless be introduced towards the end of the talk in order to spark future discussions on the topic.
SPEAKER Professor Ozlem Gurses
Allen & Gledhill Visiting Professor
SMU Yong Pung How School of Law
King's College London Özlem Gürses is a professor of law at King's College London. She specialises in insurance and reinsurance law. She is the author of numerous articles and books written in these areas. Her publications include Insurability of Emerging Risks: Law, Theory and Practice (co-edited with Professor Baris Soyer, Hart Publishing, forthcoming 2025), Research Handbook on Marine Insurance Law, (Edward Elgar, 2024 ed), Marine Insurance Law, (Routledge, 3rd ed, 2023), The Law of Compulsory Motor Vehicle Insurance (Informa, 2019), Reinsuring Clauses, (Informa 2010). Özlem is also editing Vol 4 (Marine Insurance Law) of the Edward Elgar Encyclopaedia on Maritime and Oceans Law. Özlem sits in the Presidential Council of International Insurance Law Association/Association Internationale de Droit des Assurances (AIDA), and she chairs the Reinsurance Working Party of AIDA. She is also a Committee member of the British Insurance Law Association and presents BILA’s Annual Lecture, chairs the BILA Law Review sub-committee and organises BILA events with the other members of the programme sub-committee CHAIR Assistant Professor Vincent Ooi
SMU Yong Pung How School of Law
In the course of the event, screenshots / photographs / videos / interviews of participants could be taken/conducted by the organizers or parties appointed by the organisers for the purpose of post-event publicity, either in the organisers' official publication/website, social media platforms or any third party's publication/website/social media platforms approved by the organisers. | |  | | | Registration will close on 8 November 2024.
Lunch bento will be provided.
| | | DATE13 November 2024, Wednesday
| | | PROGRAMME11.50am
Registration 12.00pm
Introduction by
Assistant Professor Vincent Ooi
SMU Yong Pung How School of Law 12.05pm
Presentation by
Professor Ozlem Gurses King's College London 12.40pm
Q & A (moderated by Assistant Professor Vincent Ooi)
1.00pm
End of Seminar | | | VENUESingapore Management University
Yong Pung How School of Law
Level 5, Meeting room 5.04
55 Armenian Street
Singapore 179943
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