Fall 2017 Q4 (a)

K99

In the examiner's report, the case "Somersall vs Scottish York" is quoted however it is mentioned that Driver A is unlikely to get compensated from its own insurer. I am confused by this answer because the Supreme court did rule that Somersall could claim under SEF 44. Could you explain what am I missing here? Thank you.

chrisboersma

You are correct. That is not a incorrect reference here. While Somersall discusses some subrogation issues it's only in the context of the insurer's ABILITY (or loss thereof) to recover rather than the insrued's ability to DOUBLE recover.

By stating in the original question that all medical expenses were covered by Driver B. Driver A only moved for medical expenses from insured's so only question relates to double recovery. There does not appear to be a question of limits or under-insurance here.

Accepted Sample Answers
I try to ignore the "accepted sample answers" as there are many less than ideal accepted answers. I'm concerned there could be bias here (who are these people getting points for wrong answers), but there is no process to deal with incorrect accepted answers. And since CAS states the exam is "not curved" it technically should have no impact on your ability to pass (not sure who believes this). It's also possible they got partial (not full points) for some sample answers.

From CAS

The sample essay answers for Exams 5-9 are actual responses that have received credit and are illustrative of successful answers, although they may not be considered perfect answers.

graham

I agree with @chrisboersma and I would ignore sample answer 3. The exam question is obviously setting you up to use Glynn v Scottish Union as the precedent. (If I were the grader, I would not have given credit for the Somersall v. Scottish & York reference.)