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United Kingdom subrogationcollateral benefits

Yates v Whyte

(1838) 4 Bing NC 272; 132 ER 793
JurisdictionUnited Kingdom
CourtCourt of Common Pleas (England)
Year1838
StatusBinding authority

Key Principle

A tortfeasor whose wrong has caused loss to the claimant is not entitled to reduce the damages payable by the amount the claimant has received from his insurers, because insurance proceeds are a collateral benefit that does not discharge the wrongdoer's liability.

Area of Law

General

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