Insurance - Do the old principles of subrogation still apply?

Rambo14

My Insurer is suggesting that I have a valid claim for my air fares to the USA on 30 September but before it will pay the claim I must check to see if my credit card company, travel agent or the airline would be prepared to pay the refund [unlikely because there were no cancellation rights attached to the purchase].  In my experience these procedures can take months to resolve.

 

When I was young and involved in insurance the general principle was that an Insurer paid the claim immediately [if it was a valid insured loss] and then had the subrogation rights to claim against any third parties which could also be liable.  Does anyone know if this principle has been changed and, if not, how do I get the Insurance Company to comply?  Is the principle legally enforceable? 

Alan_Bowen

Insurers are using every possible excuse to avoid paying claims this year. Every single claim is referred back to someone else to pay, they are simply not interested in being the first port of call anymore. If the flight is operating, and many are not, then the airline is unlikely to refund but might agree to transfer to a later date, if the flight is cancelled, then you are entitled to a full refund and I just hope its not Virgin who won't be paying out a flight in September before next year!

Caz3121

It is common for insurers to cover costs that cannot be claimed elsewhere
You may find any flight refund from insurer will not include APD as you would be expected to claim that from the airline (even on a non-refundable ticket) They may also want a cancellation invoice to confirm that you have cancelled the booking

Thrugelmir

Rambo14 said:

 Is the principle legally enforceable? 

What does the contractual small print of your insurance policy say. That's what matters not opinion. 

jimbo6977

Subrogation still exists as a thing, but so does mitigation of loss.