A Summary of Recent Developments in Insurance, Reinsurance and Litigation Law : 26 April 2010.

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A Summary of Recent Developments in Insurance, Reinsurance and Litigation Law : 26 April 2010.

National Farmers Union v HSBC

Whether Double Insurance Arose in this Case

http://www.bailii.org/ew/cases/EWHC/Comm/2010/773.html

Double insurance arises when the same party is insured with two (or more) insurers in respect of the same interest on the same subject-matter against the same risks. The general rule is that (subject to the terms of each policy), the insured can recover in full from either insurer and the paying insurer is entitled to a contribution from the other insurer.

In this case, following exchange of contracts on a property, the risk of damage to the property passed to the buyers (under common law). The buyers therefore took out a policy with NFU, which insured them against damage by fire. The policy provided that if there was insurance cov...

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