Question
You are a claims handler working in the recoveries team of an insurer, ABC plc. You have responsibility for pursuing subrogation actions against third parties
You are a claims handler working in the recoveries team of an insurer, ABC plc. You have responsibility
for pursuing subrogation actions against third parties and allocating recovery monies between ABC
plc and their policyholders. You have been asked to deal with the following two claims for KLP Ltd,
one of ABC plc's policyholders:
Claim A was paid at 100,000 and the recovery was 120,000.
Claim B was paid at 400,000 and the recovery was only 380,000.
(a) Identify, with justification, in whose name the legal actions for these recoveries would have been brought. (2)
(b) Explain, with justification, how you will allocate the surplus recovery in Claim A. Refer to one case in support of your explanation. (6)
(c) Explain, with justification, two reasons why you may not have been able to recover the full amount in Claim B. Refer to one case in support of your explanation. (6)
(d) Explain, with justification, two reasons why a deduction can be made prior to paying any recovery to KLP Ltd. (6)
I would appreciate your help, it should be answered with UK Law and case examples.
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