Date: Tue, 25 Nov 2003 23:09:45 +1100

From: Harold Luntz

Subject: Insurance subrogation

May I suggest that the arguments Paul Michalik puts forward are simplistic? If they were always true, knock-for-knock and claims-sharing agreements would not be so common. I attach three pages of the Australian Law Reform Commission's Insurance Contracts Report, where the arguments on both sides are rehearsed. Whether the conclusion reached by the ALRC was compelling is open to debate.

Harold Luntz.

Professorial Fellow,
Law School,
The University of Melbourne,
Victoria, 3010,
AUSTRALIA.

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