Reference no: EM133035095

Question - Roger purchased a new car worth 50,000 CHF (Swiss Francs). He obtained a 25,000 CHF loan from the ABC Bank to buy the car. Usually, he parks his car in guarded places-during work hours he parks it in the company's underground garage, and at night he parks it in his garage located in his house. One day, after the work he noticed something unexpected: a "drawing" on his car's bonnet. Unfortunately, it was made by a nail. The cost of the car's renovation was valued at 3,000 CHF. He reported this case to the police and to his insurer because acts of vandalism were included in his auto insurance. After a short investigation, with the help of monitoring devices installed in the garage, the police identified the perpetrator to be David, one of Roger's co-workers.

a. Any of the following parties have an insurable interest in the car at the time of loss? Explain your answer.

1. Roger

2. David

3. ABC Bank

4. Roger's company (the owner of the garage)

b. Which of the parties (David, Roger's company, or Roger's insurer) should Roger claim for compensation? Explain your answer.

c. Could Roger's insurer use the right of subrogation after paying the compensation to Roger? Explain your answer.