Australia Insurance Contracts Act 1984 (Cth)
Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s67: s 67 Share subrogation recoveries in the statutory order

Where an amount is recovered for an insured loss, it is distributed under s 67 subject to the contract and any post-loss agreement: on an insurer recovery, the insurer first takes what it paid plus recovery costs, then the insured takes its uninsured loss, and any balance goes to the insurer; on an insured recovery the order is reversed; on a joint recovery the amounts are shared pro rata as the section sets out, and interest follows the recovering party or is divided fairly.

Maintained by Gerard Blokdyk

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