Legal Definitions - restaur

Definition: Restaur (res-tor) refers to the recourse that insurers, especially marine underwriters, have against each other based on the date of their insurance. It can also refer to the recourse that marine insurers have against a ship's master if a loss occurs due to the master's fault or negligence. Additionally, it can refer to the recourse that one has against a guarantor or other person under a duty to indemnify. Restaur is also spelled as restor.

• Example 1: If a ship sinks and the loss is covered by multiple insurers, the insurers will have to determine their liability based on the date of their insurance. The insurer who provided coverage first will have the first right to claim against the other insurers. This is an example of restaur.
• Example 2: If a ship's master is found to be negligent and the ship incurs a loss, the marine insurer can claim against the master for the loss. This is another example of restaur.
• Example 3: A person who has guaranteed the payment of a loan can be held liable if the borrower defaults on the loan. In this case, the lender can claim against the guarantor for the amount due. This is also an example of restaur.

These examples illustrate how restaur works in different scenarios. In each case, there is a party who is liable for a loss, and another party who has the right to claim against them. Restaur helps to determine the order of liability and ensures that the parties involved are held accountable for their actions.