Sim v. Independent Insurance Co Ltd [2004] ScotCS 58 (13 February 2004)

Sim v. Independent Insurance Co Ltd [2004] ScotCS 58 (13 February 2004)

The pursuer failed to prove on a balance of probabilities that Federated was Don's employers' liability insurer during the deceased's employment in the 1960s; therefore, the action must be dismissed.

Citation
[2004] ScotCS 58
Parties
Pursuer: Moira Sim; Defender: Independent Insurance Company Limited (in Provisional Liquidation)
Jurisdiction
Scotland
Judgment Date
13 February 2004
Procedural Posture
Civil / Judgment After Proof (trial)
Outcome
Action dismissed
Legal Topics
Employers' Liability Insurance, Third Parties (rights Against Insurers) Act 1930, Proof of Insurance Coverage, Enforcement of Judgments Against Insurers
Insurance Law Tort Law Civil Procedure Employers' Liability Insurance Third Parties (rights Against Insurers) Act 1930 Proof of Insurance Coverage Enforcement of Judgments Against Insurers

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Parties

Moira Sim

Pursuer

Independent Insurance Company Limited (in Provisional Liquidation)

Defender

Procedural Posture

Civil / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Federated was Don's employers' liability insurer during the deceased's employment in the 1960s
  2. 2 Whether the pursuer can enforce a decree against the insurer under the Third Parties (Rights Against Insurers) Act 1930

Ratio Decidendi

The pursuer failed to prove on a balance of probabilities that Federated was Don's employers' liability insurer during the deceased's employment in the 1960s; therefore, the action must be dismissed.

Court Disposition

Action dismissed

Orders

  • Defender's third plea in law upheld
  • Pursuer's first and second pleas in law refused