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Homework . Unanswered Sanofi contracted with UPS to store Sanofi's vaccines in UPS's temperature-controlled warehouse. Under the contract, UPS agreed to store the product between
Homework . Unanswered Sanofi contracted with UPS to store Sanofi's vaccines in UPS's temperature-controlled warehouse. Under the contract, UPS agreed to store the product between 2 and 8 degrees Celsius and Sanofi agreed to obtain all-risks property insurance in an amount of full replacement cost for any damage to the vaccines while they were in storage. Several months later, it was discovered that the cooler had malfunctioned and the temperature had dropped to -4.2 degrees Celsius. As a result, the vaccines were rendered unsaleable causing Sanofi to suffer a loss of $8.2 million. After indemnifying Sanofi for the unsellable vaccines, Sanofi's insurers brought a subrogation against UPS." What is a subrogation? What is the purpose of a subrogation? What possible defences are available to UPS? Are the insurers likely to be successful? Would your answer change if the insurers brought the subrogatiaim against the manufacturer of the temperature control system, the supplier and installer of the control system, or the contractor who calibrated and tested the system
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