Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Contribution definition

What does Contribution mean? In legal practice, contribution is the right of a party who has paid more than their fair share of a common liability to recover from another person who is also responsible for the same loss, in whole or in part. In England and Wales, contribution between persons liable for the same damage is governed by the Civil Liability (Contribution) Act 1978. It applies whether liability arises in tort, contract or otherwise, and after judgment or settlement, with the court apportioning what is just and equitable having regard to relative responsibility. Contribution claims are commonly brought between co-defendants (including joint tortfeasors) by...

Double Insurance: Tests, Insured’s Election, Contribution, and the Effect of Escape, Excess and Rateable Proportion Clauses

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

Overlapping insurance polices

There are numerous and varied ways by which an assured can find themselves unexpectedly with overlapping insurance, whether by intention or by accident. Illustrations include circumstances where the assured relies on cover placed by another party, or, in corporate settings, where risk managers are unaware of legacy policies procured by their predecessors in post. Likewise, an assured might unknowingly arrange insurance for particular assets, not appreciating that those assets already fall within a wider, existing Policy providing broader protection. Another possibility is that the assured simply wishes to lift the overall limit of protection or, indeed, to hedge against the chance of their insurers becoming insolvent. At common law there is no obligation to avoid double insurance. Assureds are free to place insurance on the same insurable interest as many times, and under as many contracts, as they choose (Godin v London Assurance (1758) 1 Burr. 489 (not reported by LexisNexis®); Albion Insurance Co Ltd v Government Insurance Office of New South Wales (1969) 121 C.L.R. 342) (not reported by LexisNexis®). Nor does common law impose a duty to notify an insurer of the presence of other policies, save where that fact alters the character of the insured risk,...

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Susie Wakefield

Shoosmiths

Susie Wakefield is a partner in Commercial Litigation specialising in insurance and reinsurance litigation and arbitration. Susie also has a broad range of experience advising clients in the energy sector and in commodities trading. Susie qualified and practised for many years in New York and Bermuda as well as in London. Susie has advised Bermuda, US, and London market insurers and reinsurers in litigation in federal and state courts in New York, the Supreme Court of Bermuda, and the High Court and in arbitration. She has represented clients in complex, multimillion-dollar disputes, including cases with substantive international and multijurisdictional aspects. Recent experience includes:- advising on a range of (re)insurance matters, including claims and coverage disputes and issues arising in connection with Bermuda Form policies and reinsurance arrangements involving captives and segregated account companies. Advising insurers/reinsurers on complex policy wording reviews; significant property and casualty losses; claims...

Web page updated on 21/05/2026

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