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We believe that, on analysis, while the decision of the House of Lords in Banque Financière does represent an important development of the law relating to subrogation in more than one respect, it does not establish any new principles.
The insurer could not sue them in the owner's name (exercising rights of subrogation under the insurance policy) because they were all entitled to indemnity under the same policy.
The contract needs to follow the fortunes of Reliance National as respects to subrogation .
The point is now practically unimportant since the fears raised were soon obviated by an informal agreement among insurance companies not to enforce their rights of subrogation in this respect in the absence of fraud.
Nothing can affect his rights and there is no question of competition between him and the party claiming subrogation .
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