Sec 770

An insurer, who is compelled to pay a loss, is, on the same reasoning, entitled to recover from any party primarily liable for the loss against which the insurer insured. The insurer may be regarded as paying as the representative of such parties, and hence, entitled to recover from them. Hence, an insurer when compelled to pay a loss by fire is entitled to recover from the party negligently causing the fire;1 and an insurer compelled to pay a loss by storm is entitled to recover from the person negligently causing the shipwreck.2

Sec 771

As has been already seen,3 money paid for an illegal purpose, but not yet appropriated to such purpose, can be recovered back in this form of suit. There can be no recovery, however, of money not only contributed to, but employed intentionally in consummating an illegal design.4 Nor can a party who is compelled to pay for a joint tort recover contribution from his confederates in the tort.5 It is otherwise when there was no complicity between the parties, as in cases where one co-proprietor is made liable for the negligence of a servant, in which case he can recover contribution from his co-proprietor, neither party being personally derelict.6

Insurer may recover from person causing the loss.

Money contributed to illegal enterprise cannot be recovered back; nor can tortfeasor recover contribution.

1 Commercial Union Ins. Co. V. Lister, L. R. 9 Ch. 483; North British Ins. Co. V. London Ins. Co., L. R. 5 Ch. D. 569.

2 Yates V. Whyte, 4 Bing. N. C. 272; Simpson V. Thompson, L. R. 3 Ap. Ca. 279; see Leake, 2d ed. 82.

3 Supra, sec 354.

4 Ibid.; supra, sec 340.

5 Supra, sec 340; Merryweather V. Nixan, 8 T. R. 186; Armstrong V. Toler, 11 Wheat. 258; Campbell V. Phelps, 1 Pick. 65; Lowell V. R. R., 23 Pick. 24; Peck V. Ellis, 2 John. Ch. 131.

6 Woolley V. Batte, 2 C. & P. 417; see Pearson V. Skelton, 1 M. & W. 504.