Q&As

If medical insurers were to bring a claim of their own for the cover they provided for an injured party, is there a date of knowledge element for the purposes of limitation? For instance, where the six years limitation has already elapsed, but they had no knowledge that a claim for medical negligence was being brought. What is the limitation period for a subrogated claim where the insured party is a minor for the purposes of a clinical negligence claim? Do they essentially ‘step into the shoes’ of the insured for the purposes of limitation or does the limitation period of six years for a contractual claim apply?

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Published on LexisPSL on 23/07/2019

The following Insurance & Reinsurance Q&A provides comprehensive and up to date legal information covering:

  • If medical insurers were to bring a claim of their own for the cover they provided for an injured party, is there a date of knowledge element for the purposes of limitation? For instance, where the six years limitation has already elapsed, but they had no knowledge that a claim for medical negligence was being brought. What is the limitation period for a subrogated claim where the insured party is a minor for the purposes of a clinical negligence claim? Do they essentially ‘step into the shoes’ of the insured for the purposes of limitation or does the limitation period of six years for a contractual claim apply?
  • Date of knowledge element
  • Limitation in clinical negligence cases
  • Circumstances in which time will not run against a claimant

Date of knowledge element

Subrogation is a remedy to prevent unjust enrichment by permitting a party, such as an insurer, that has indemnified another, to ‘step into the shoes’ of the other party and to bring an action in its name.

The subrogated action is brought in the name of the insured party because the relevant cause of action is the same cause of action as the insured would otherwise have had, had it not been indemnified by the insurer. This means that if the insured’s claim against a third party is time barred, so is its insurer’s subrogated claim.

Further information may be found in:

  1. Practice Note: Claim for subrogat

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