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Lord Napier and Ettrick v Hunter [1993] AC 713 was a judicial decision of House of Lords relating to the right of subrogation (and in particular, the quantification of that right) where an insurer pays with respect to an insured risk and the assured later recovers damages from a third party with respect to that same loss. The case also determined that the right of subrogation is fortified by an equitable lien over the proceeds of the claim against the third party.

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  • Lord Napier and Ettrick v Hunter (en)
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  • Lord Napier and Ettrick v Hunter [1993] AC 713 was a judicial decision of House of Lords relating to the right of subrogation (and in particular, the quantification of that right) where an insurer pays with respect to an insured risk and the assured later recovers damages from a third party with respect to that same loss. The case also determined that the right of subrogation is fortified by an equitable lien over the proceeds of the claim against the third party. (en)
name
  • Lord Napier and Ettrick v Hunter (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Lloyd's_insurance_exterior_at_night.jpg
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  • Lloyd's of London (en)
citations
  • [1993] 1 All ER 385 (en)
  • [1993] 1 Lloyds Rep 197 (en)
  • [1993] 2 WLR 42 (en)
  • [1993] AC 713 (en)
court
full name
  • Lord Napier and Ettrick v R.F. Kershaw Ltd and Others (en)
  • Lord Napier and Another v Hunter and Others (en)
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  • (en)
  • insurance (en)
  • equitable lien (en)
  • subrogation (en)
has abstract
  • Lord Napier and Ettrick v Hunter [1993] AC 713 was a judicial decision of House of Lords relating to the right of subrogation (and in particular, the quantification of that right) where an insurer pays with respect to an insured risk and the assured later recovers damages from a third party with respect to that same loss. The case also determined that the right of subrogation is fortified by an equitable lien over the proceeds of the claim against the third party. Despite being recorded as the representative name for the syndicate in the litigation, Lord Napier was not actually insured by the stop loss insurers, and so was not affected by the judgment. (en)
appealed from
  • [1993] 1 Lloyd's Rep 10 (en)
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