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Legal & General v Drake

Legal and General Assurance Society Ltd v Drake Insurance Co Ltd [1992] QB 887
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year1992
StatusBinding authority

Key Principle

The right of one insurer to recover contribution from another in a case of double insurance is an equitable right assessed by reference to the insurers' respective liabilities at the time of the loss (before any non-compliance with a condition precedent), and an insurer who pays more than its true rateable proportion cannot recover the excess as it is treated as a voluntary payment.

Area of Law

General

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