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

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

Subrogation is a remedy to prevent unjust enrichment by permitting a party, such as an insurer,

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