PRINCIPLE OF CONTRIBUTION
PRINCIPLE OF CONTRIBUTION
The principle is corollary of the principle of indemnity.
It's applicable to all or any contracts of indemnity.
Under
this principle the insured can claim the compensation and then the
extent of actual loss either from anyone insurer or all the insurers.
Principle
of Contribution is really a corollary of the principle of indemnity. It
applies to all or any contracts of indemnity, if the insured has
applied for several policy on a single subject matter. According to the
principle, the insured can claim the compensation and then the extent of
actual loss either from all insurers or from anyone insurer. If one
insurer pays full compensation then that insurer can claim proportionate
claim from the other insurers.
As an example: Mr.
Arvind insures his property worth Rs. 100,000 with two insurers "AIG
Ltd." for `90,000 and "MetLife Ltd." for `60,000. Arvind's actual
property destroyed may be worth ` 60,000, then Mr. Arvind can claim the
full lack of `60,000 either from AIG Ltd. or MetLife Ltd., or he is able
to claim `36,000 from AIG Ltd. And 24,000 from Metlife Ltd.
So,
if the insured claims full level of compensation in one insurer he then
cannot claim exactly the same compensation from other insurer and make a
profit. Secondly, if one insurance company pays the full compensation
then it could recover the proportionate contribution from the other
insurance company.
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