Stratti v Stratti

The case of *Stratti v Stratti* concerned a dispute between partners regarding liability and contribution. The appeal was heard by Meagher, Beazley and Fitzgerald JJA.

The central legal issue before the court was whether an insurer, having indemnified one partner, could be subrogated to that partner's rights to claim contribution from the other partner. This involved considering the nature of partnership liability and the principles of subrogation in insurance law.

The court's reasoning focused on the established principles of partnership law, which allow for contribution between partners for liabilities incurred in the course of the partnership. Crucially, the court affirmed that the right of subrogation allows an insurer to step into the shoes of the insured and pursue any rights the insured would have had against a third party. In this context, the insurer was entitled to pursue the claim for contribution that the indemnified partner would have had against the other partner.

The appeal was dismissed, and the court ordered that the appellant pay the costs of the appeal.