This might sound like a rather naïve question, but I hope colleagues will bear with me if it is:

I am looking into the problem of subrogation and compensating advantage. Specifically, I`m wondering if --- at the damages phase --- it would be appropriate for a court to enquire as to whether (1) there is insurance, (2) whether the insurers have paid out prior to trial, and (3) whether the insurers have a right of subrogation.

I`m not assuming any complicated set of facts. Simple tort or contract claim. Liability is admitted or determined.

I’d appreciate any thoughts on this. And, as I say, if this is an elementary question the answer to which I ought to know already, I hope you`ll excuse my ignorance.

Kind regards.

Matt



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Matthew P Harrington
Professeur
Faculté de droit
Université de Montréal
3101 chemin de la Tour
Montréal, Québec H3T 1J7
514.343.6105
www.commonlaw.umontreal.ca
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