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Posted 07 May 2014
Category: Strata Insurance
|Who has the obligation to recover?||The insured must take reasonable steps to recover such fees see: Cl 10||The right to recover is assigned to the insurer and may choose whether to exercise it or not see: “General Claims Procedures Relating to All Sections”|
|What is required?||Reasonable steps must be taken which in turn may depend on matters such as:-
* The terms of the costs order;* The amount to be spent on the recovery;
* The ability of the judgment debtor to satisfy judgment.
|The insured needs to advise of the outcome and, and then it is up to the insurer.|
|Can the insurer subrogate?||Yes, see: Cl 12||Yes, see: “General Claims Procedures Relating to All Sections”|
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.