חבות כפולה על נזק אחד: על משולש היחסים - מעוול, ניזוק ומבטח

When harm arises from a tortious act, victims often file claims for both tort compensation and insurance benefits. This article examines the relationship between these two entitlements and the legal frameworks governing them.Current law alternates between two regimes: subrogation, which ensures that damages are recovered only once from the tortfeasor; and cumulative entitlement, which permits dual recovery from both the tortfeasor and the insurer.The article argues for a broad application of subrogation and elimination of cumulative entitlement. This shift requires modification of established case law. The article highlights the necessary modifications, and offers a theoretical and doctrinal basis for their implementation. The recent case of Yona v. Clal illustrates the issue’s practical relevance and significance.The preferable legal framework is driven by two distinct considerations:the objectives of tort law and the purpose of insurance. While both regimes meet the goals of tort law by holding tortfeasors liable, the insurance perspective clearly favors subrogation. It ensures that insurance coverage applies solely to risks with a valid insurable interest. In private insurance,subrogation allows parties to realize the full value of an insurance contract.In public insurance arrangements, it prevents the arbitrary and inequitable distribution of public funds.