Double Insurance and the Right to Contribution

Document Type : Original Article


1 Associate professor

2 Allameh Tabataba'i University



Double insurance is provided when several insurers cover the same property against identical risk with respect to the same period. Unlike other legal systems, Iranian Act Insurance does not have any explicit provision about the status of double insurance and in this respect, different opinions have been raised by legal writers. However, assuming the validity of multiple insurances, this issue brings up how the insured is entitled to claim against insurers. Some believe that each insurer will be liable for a ratable proportion only, and some others have an opinion that the insured may recover the full amount of his loss from whichever insurer or insurers he chooses. It seems that the mere solution is a final division of liability between insurers and in other word is the right of the contribution is defined as the right of insurers who have paid a loss to recover a proportionate amount from other insurers who are also liable for the same loss.


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