Strachan v Scottish Boatowners' Mutual Insurance Association [2001] ScotCS 138 (31 May 2001)

Strachan v Scottish Boatowners' Mutual Insurance Association [2001] ScotCS 138 (31 May 2001)

The pursuer's claim for indemnity is not relevantly pled as there is no averment of depreciation or constructive total loss as at the expiry of the policy. However, the claim for damages for breach of contract by wrongful repudiation, including consequential losses, is sufficiently pled to proceed to proof, subject to issues of foreseeability and mitigation.

Citation
[2001] ScotCS 138
Parties
Pursuer: Iain Tait Strachan; Defenders: The Scottish Boatowners' Mutual Insurance Association
Jurisdiction
Scotland
Judgment Date
31 May 2001
Procedural Posture
Civil (insurance Contract Dispute) / Procedure Roll (pleadings and Relevancy)
Outcome
Claim for indemnity not relevantly pled and cannot proceed as stated; claim for damages for breach of contract (including consequential losses) allowed to proceed to proof.
Legal Topics
Indemnity Under Marine Insurance, Constructive Total Loss, Actual Total Loss, Breach of Contract by Insurer, Measure of Indemnity, Consequential Damages, Foreseeability of Loss, Repudiation of Liability
Insurance Law Contract Law Marine Law Indemnity Under Marine Insurance Constructive Total Loss Actual Total Loss Breach of Contract by Insurer Measure of Indemnity +3 more

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Parties

Iain Tait Strachan

Pursuer

The Scottish Boatowners' Mutual Insurance Association

Defenders

Procedural Posture

Civil (insurance Contract Dispute) / Procedure Roll (pleadings and Relevancy)

Legal Issues

  1. 1 Whether the pursuer's pleadings are relevantly stated for a claim of indemnity under the marine insurance policy
  2. 2 Whether the pursuer can claim damages for breach of contract by the insurer's wrongful repudiation, including consequential losses beyond indemnity
  3. 3 Whether the measure of indemnity is to be determined at the expiry of the risk period

Ratio Decidendi

The pursuer's claim for indemnity is not relevantly pled as there is no averment of depreciation or constructive total loss as at the expiry of the policy. However, the claim for damages for breach of contract by wrongful repudiation, including consequential losses, is sufficiently pled to proceed to proof, subject to issues of foreseeability and mitigation.

Court Disposition

Claim for indemnity not relevantly pled and cannot proceed as stated; claim for damages for breach of contract (including consequential losses) allowed to proceed to proof.

Orders

  • Case to be put out By Order for discussion of future procedure and possible amendment of pleadings.
  • Minute of amendment regarding sale of fishing licence allowed to be received and answered.