Is an insurance company entitled to recover back all of the money it received from a plaintiff to be indemnified against personal injury?
Ontario, Canada
The following excerpt is from Keefer v. Phoenix Insurance Co. of Hartford, 1899 CanLII 27 (ON CA):
But in Castellain v. Preston, it was held that the insurance company was entitled to recover back all the defendants had received beyond what was required to indemnify them against personal loss.
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