Title: Subrogation doctrine in insurance contract: comparative approach under Jordanian and English Law
Authors: Lafi Daradkeh
Addresses: Private Law Department, Faculty of Law, P.O. Box 15551, Al Ain, UAEU, United Arab Emirates
Abstract: Generally subrogation, as a doctrine, is recognised in the insurance theory, which is adopted in all domestic laws around the world whether they belong to 'common law' or 'civil law' system. Domestic laws have approached this doctrine with different views. In Jordan as one of civil law countries, this doctrine is adopted in civil law, and the contents of this law have been applied differently by the Jordanian courts. As a result, many consequences can be drawn as rules which govern the subrogation doctrine in civil law countries. England as one of the common law countries, the hint of subrogation doctrine was seen earlier in Colonia v Amoco. The assurer is subrogated to all the rights and remedies of the assured in and in respect of the subject matter as from the time of the casualty causing the loss. This article offers insight into the complex relationships involved in subrogation in insurance contract, and considers whether, within this environment, legal or judicial authorities can improve this doctrine while protecting the interest of the insurer and the assured.
Keywords: subrogation; insurance contracts; common law; civil law; Jordanian law; English law.
International Journal of Technology Transfer and Commercialisation, 2012 Vol.11 No.3/4, pp.234 - 246
Published online: 21 Nov 2014 *Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article