The question (15 marks)
'Every special principle of insurance law is a servant of indemnity.' Explain this statement with reference to subrogation, contribution and average, and state why these principles do not apply to life insurance. (15 marks)
Syllabus heads 1.3 and 1.4; built from the Module 1 chapter and the case briefs on subrogation and proximate cause.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Introduction, Risk and the General Principles of Law of Insurance.
Authorities you will need
- Castellain v. Preston
- Yorkshire Insurance Co v. Nisbet Shipping Co
- Dalby v. India and London Life Assurance Co (1854)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.