Insurer’s subrogation rights in marine insurance law and immunity arising from co-insurance, benefit of insurance, and waiver clauses

Durmuş, A. N. (2026) Insurer’s subrogation rights in marine insurance law and immunity arising from co-insurance, benefit of insurance, and waiver clauses. PhD thesis, University of Reading. doi: 10.48683/1926.00129277

Abstract/Summary

Subrogation is a cornerstone of marine insurance law. In principle, once an insurer indemnifies the assured, it may pursue the liable party for the assured’s loss by stepping into the assured’s shoes. In practice, this thesis demonstrates that the doctrine remains uncertain, despite centuries of judicial consideration. That uncertainty is highlighted by the recent judgments, which reveal the absence of a coherent and consistently applied rationale. Since a subrogated claim must be brought in the assured’s name and is limited by the assured’s own rights and contractual restrictions, the insurer can obtain no greater rights than the assured possesses. This thesis therefore examines both the scope of subrogation rights and the circumstances in which those rights are precluded by subrogation immunity, understood as immunity arising from contractual risk allocation arrangements. It argues that the statutory framework is conceptually and practically inadequate for modern multiparty disputes, and that judicial uncertainty has been exacerbated by competing explanations such as circuity of action, an implied term in the insurance contract, and, most persuasively, construction of the underlying contract. The thesis further demonstrates inconsistent approaches, leading to different outcomes in materially similar disputes. Recent authorities indicate that the underlying contract between the assured and the wrongdoer is often decisive. Where party arrangements indicate that the assured will not pursue the wrongdoer, or that the insurance is intended for their joint benefit and as the exclusive remedy, the insurer is bound by that risk allocation. Determining immunity therefore requires identifying the party primarily liable for the loss and construing the relevant contracts case by case. Subrogation immunity most commonly arises through co-insurance, benefit of insurance, and subrogation waiver clauses. Rejecting categorical prohibitions, this thesis undertakes a comprehensive framework for analysing subrogation against wrongdoers in contractual relationships with the assured and seeks to clarify persistent ambiguities.

Item Type	Thesis (PhD)
URI	https://centaur.reading.ac.uk/id/eprint/129277
Identification Number/DOI	10.48683/1926.00129277
Divisions	Arts, Humanities and Social Science > School of Law
Date on Title Page	December 2025
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