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Subrogation – insurance law

We are the insurance. The insured has done a lot of things without our permission. What can we do?
Do I have any control over someone that is

Subpoena. -CPS.

Our Director has the following queries on the Opinion: How was the Small Claims
Tribunal claim resolved? If the rental was from an illegal tenancy agreement, is
there a problem with AP claiming a portion of that rental?

Subletting premises

A court order can be sought by the landlord to recover their property, if the
tenant has sublet it or assigned the lease to a third party, for rent which:

1. Exceeds what is recoverable from that portion; or

2. Exceeds 110% of the sum needed to pay the landlord in total.

Usually, the landlord cannot enforce the order for recovery against the sub-
tenant. However, they can do so if the court believes the tenant was prohibited
to sublet by the tenancy agreement, or the sub-tenant has misused the property
in an illegal or unlawful way.

-draft response to legal aid.

Subrigation- insurance company and the insured. Something happens and the insured claimas from
the insurcae companu and the insurncae company can then recover their lose from the 3rd party’s
insurncae

Waiver of subrohation clause- that measn the insurncae company will bear everything. – so
shouldn’t have this clause.
Tomlinson Antique House v Lim Meng Wan and another
[1977-1978] SLR(R) 24; [1977] SGHC 3
The court will not lend its aid in furtherance of an illegal contract. As the contracting party was
aware that the clause relating to rent was illegal, the plaintiff was not entitled to enforce
the tenancy agreement in any case: a

When do we waive our right of subrogation? –

What is the waiver of right of subrogation.

Insured is a shipping company, ordered some goods from papua new guinea, otw the goods got
destroyed. They sued the ship owner (consignee), they said cannot coz theres an arbitration
clause. So they got an injuction to force to stop the suit. They also sued our client , so we are
saying there shouldn’t be an injuctino against us.

Very often the insurer don’t use their right of subrogation.

Dear Istyana,

We have asked the AP (Jason) regarding the first query. He responded that he does not know how
the Small Claims Tribunal claim was resolved as he is not in good terms with the OP (his father). For
clarification purposes, the AP's claim is not for the rental claim that the Small Claims Tribunal brought
against the OP. The AP's claim is for the new (current) tenancy agreement.

With regard to the second query, generally one would not be able to claim rental proceeds from an
illegal tenancy agreement. Based on the current tenancy agreement provided by the AP, we are
unable to determine if there is any illegal element. In any event, aside from seeking his share of
rental proceeds from the current tenancy, the AP also seeks a declaration that he is entitled to his
share of future rental proceeds, and also access to the property.

We hope this clarifies. Thank you.

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