Green v. SIAC Assecurazioni SpA [2006] ScotCS CSOH_162 (12 October 2006)

Green v. SIAC Assecurazioni SpA [2006] ScotCS CSOH_162 (12 October 2006)

The pursuer's averments regarding the authority of Tower to bind SIAC and the assignation from MUA to Tower are irrelevant and lacking in specification. There is no averment of written authority as required by the Administrative Agreement, nor sufficient averment of intimation of assignation. The pleadings do not give fair notice to the first defenders of the case they require to meet. Accordingly, the pursuer's case against the first defenders must necessarily fail.

Citation
[2006] ScotCS CSOH_162
Parties
Pursuer: John Green; First Defender: SIAC Assecurazioni SpA; Second Defender: Tower Risk Management Limited; Third Defender: Merrion Reinsurance Company Limited
Jurisdiction
Scotland
Judgment Date
12 October 2006
Procedural Posture
Ordinary Action (insurance Contract Claim) / Procedure Roll Debate on Relevancy and Specification
Outcome
Action dismissed so far as directed against the first-named defenders (SIAC Assecurazioni SpA).
Legal Topics
Authority of Agent, Assignation and Intimation, Fraudulent Misrepresentation, Specification of Pleadings, Quantum of Damages
Insurance Law Contract Law Civil Procedure Authority of Agent Assignation and Intimation Fraudulent Misrepresentation Specification of Pleadings Quantum of Damages

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Parties

John Green

Pursuer

SIAC Assecurazioni SpA

First Defender

Tower Risk Management Limited

Second Defender

Merrion Reinsurance Company Limited

Third Defender

Procedural Posture

Ordinary Action (insurance Contract Claim) / Procedure Roll Debate on Relevancy and Specification

Legal Issues

  1. 1 Whether the pursuer's pleadings disclose a relevant case in contract against the first defenders (SIAC) regarding authority and assignation.
  2. 2 Whether the pursuer's averments regarding assignation and intimation are sufficiently specified.
  3. 3 Whether the pursuer's pleadings on quantum are relevant and adequately specified.

Ratio Decidendi

The pursuer's averments regarding the authority of Tower to bind SIAC and the assignation from MUA to Tower are irrelevant and lacking in specification. There is no averment of written authority as required by the Administrative Agreement, nor sufficient averment of intimation of assignation. The pleadings do not give fair notice to the first defenders of the case they require to meet. Accordingly, the pursuer's case against the first defenders must necessarily fail.

Court Disposition

Action dismissed so far as directed against the first-named defenders (SIAC Assecurazioni SpA).

Orders

  • Sustain the second plea-in-law for the first defenders.
  • Dismiss the action against the first-named defenders.