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United Kingdom indemnity principlesubrogation

Brett LJ's judgment in Castellain v Preston

(1883) 11 QBD 380
JurisdictionUnited Kingdom
CourtCourt of Appeal of England and Wales
Year1883
StatusBinding authority

Key Principle

An insured cannot recover more than their actual loss and any amount recovered from the insurer must be taken into account when claiming against a third party.

Area of Law

commercial

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