Anonymous
Anonymous asked in 商業與財經保險 · 1 decade ago

海上保險個案分析 拜託 非常緊急!!!!!!

Fact : The plaintiffs, in this case, had effected a P.P.I.

Policy with the defendants on a vessel named the White Rose, and had covered a total loss thereunder in consequence of that vessel having been sunk in collision with the s.s. Fantee

They had subsequently in collision proceedings recovered damages from the owners of the Fantee and the defendants claimed to be entitled to participate in the sum so recovered.

The action was brought by the plaintiffs to obtain a declaration from the Court that the defendants were not entitled to any part of the recovery.

The doctrine of subrogation was dealt with by the Judge, and he held that as subrogative rights rested upon payment under a contract of indemnity, they could not exist when the contract under which payment was made was expressly not one of indemnity.

To quote from his judgement : ” Legal proceedings to enforce subrogative righrs cannot be based on a document which is stricken with sterility by Act of Parliament.”

請告訴我:

1.個案要旨

2.案情描述

3.原告主張

4.被告抗辯

5.法官判決

拜託 謝謝

非常緊急

Update:

我要的是中文

哈阿 謝謝唷

1 Answer

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  • 1 decade ago
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    1.個案要旨:

    The defendants on a vessel named the White Rose, and had covered a total loss thereunder in consequence of that vessel having been sunk in collision with the s.s. Fantee

    the plaintiffs to obtain a declaration from the Court that the defendants were not entitled to any part of the recovery.

    The doctrine of subrogation was dealt with by the Judge, and he held that as subrogative rights rested upon payment under a contract of indemnity, they could not exist when the contract under which payment was made was expressly not one of indemnity.

    To quote from his judgement : ” Legal proceedings to enforce subrogative righrs cannot be based on a document which is stricken with sterility by Act of Parliament.”

    2.案情描述

    White Rose, and had covered a total loss thereunder in consequence of that vessel having been sunk in collision with the s.s. Fantee

    They had subsequently in collision proceedings recovered damages from the owners of the Fantee and the defendants claimed to be entitled to participate in the sum so recovered.

    3.原告主張

    the plaintiffs to obtain a declaration from the Court that the defendants were not entitled to any part of the recovery.

    4.被告抗辯

    the defendants on a vessel named the White Rose, and had covered a total loss thereunder in consequence of that vessel having been sunk in collision with the s.s. Fantee

    5.法官判決

    The doctrine of subrogation was dealt with by the Judge, and he held that as subrogative rights rested upon payment under a contract of indemnity, they could not exist when the contract under which payment was made was expressly not one of indemnity.To quote from his judgement : ” Legal proceedings to enforce subrogative righrs cannot be based on a document which is stricken with sterility by Act of Parliament.”

    Source(s): 不知道你要什麼...
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