Sir, you may not step into my shoes: Insurers do not always have a right of subrogation

The Court of Appeal in Rathbone Brothers Plc v Novae Corporate Underwriting Ltd has set out some useful guidance on the issue of when Insurers do not enjoy the right of subrogation.

The decision is very fact specific and should not be taken to mean that the Court will often and readily imply a non-subrogation term into a contract of insurance. However, the judgment is of interest and demonstrates that such a term will be implied in certain circumstances.

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