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A Critical Evaluation Of The Dual Doctrines Of Subrogation & Contribution In Fire Insurance




Gaurav Prakash (LL.M), Gujrat National Law University, Gandhinagar

ABSTRACT

A contract of indemnification between the insured and the insurer governs fire insurance. The notion of indemnity is expanded upon by the doctrine of subrogation and contribution. This article largely focuses on the idea that insurance contracts are indemnity contracts, meaning that an accident or loss cannot result in any sort of gain or profit for the insured. Insurance against fire-related losses is known as "fire insurance." The various facets of how the doctrine of subrogation and contribution functions in relation to fire insurance were initially covered in this article. It then goes into more detail on fire insurance, including a particular hazard policy, common fires, policy coverage, depreciation, and the current situation with salvage value. This analysis tries to determine the court's position on various aspects of these uses of the indemnity concept in fire insurance. While discussing foreign rulings, the role of the Indian courts is the main topic of discussion. Through individual analysis and a study of the concepts, the effects of indemnification on fire insurance contracts are addressed. After discussing the principles of subrogation and contribution, the author also offers recommendations.

Keywords: Contribution, Fire Insurance, Indemnity, Perils, Subrogation.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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