Commonwealth Consolidated Acts

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MARINE INSURANCE ACT 1909 - SECT 86

Right of contribution

  (1)   Where the assured is over - insured by double insurance, each insurer is bound, as between himself or herself and the other insurers, to contribute rateably to the loss in proportion to the amount for which he or she is liable under his or her contract.

  (2)   If any insurer pays more than his or her proportion of the loss, he or she is entitled to maintain an action for contribution against the other insurers, and is entitled to the like remedies as a surety who has paid more than his or her proportion of the debt.


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