Ward v Independent Insurance Co Ltd [2001] ScotCS 5 (9 January 2001)

Ward v Independent Insurance Co Ltd [2001] ScotCS 5 (9 January 2001)

For the reasons set out in the referenced Aitken case, the pursuer is entitled to a decree of declarator that he is entitled to the benefit of the insurance policy and payment from the defenders of the sums awarded.

Citation
[2001] ScotCS 5
Parties
Pursuer: Robert Ward; Defenders: Independent Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
09 January 2001
Procedural Posture
Civil / Debate on Relevancy and Title to Sue
Outcome
Pursuer entitled to decree of declarator; case put out By Order for discussion of decree terms
Legal Topics
Business Liability Insurance, Title to Sue, Declarator, Personal Injury at Work
Insurance Law Employment Law Business Liability Insurance Title to Sue Declarator Personal Injury at Work

Case Brief

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Parties

Robert Ward

Pursuer

Independent Insurance Company Limited

Defenders

Procedural Posture

Civil / Debate on Relevancy and Title to Sue

Legal Issues

  1. 1 Whether the pursuer has title to sue on or benefit from the insurance policy issued to his insolvent employer
  2. 2 Whether the pursuer's averments are relevant and sufficiently specified

Ratio Decidendi

For the reasons set out in the referenced Aitken case, the pursuer is entitled to a decree of declarator that he is entitled to the benefit of the insurance policy and payment from the defenders of the sums awarded.

Court Disposition

Pursuer entitled to decree of declarator; case put out By Order for discussion of decree terms

Orders

  • Case put out By Order for discussion of the terms of the appropriate decree