Hi Matt

As a matter of Irish law, the answer is that it should make no
difference as a matter of principle. Whether a party is insured or
has received a pay out under an insurance policy, so that the claim is
being pursued by insurers should not be relevant to quantum.

In practice, the Court always knows if the claim is being pursued for
or on behalf of insurers.

Kind regards

Ger

On 6/20/18, Harrington Matthew P. <matthew.p.harrington@umontreal.ca> wrote:
> 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
>
>
>
> -----------------------------------------
> 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
> ----------------------------------------
>
>