Dignon & Anor v Gordon Irving & Ors [2000] ScotCS 253 (3 October 2000)

Dignon & Anor v Gordon Irving & Ors [2000] ScotCS 253 (3 October 2000)

The court held that Mr. Anderson was not engaged in his trade or occupation when he repaired the gutter as a favour, so the policy exclusion did not apply and the insurers were liable to indemnify him.

Citation
[2000] ScotCS 253
Parties
Pursuers: James and Irene Dignon; Defenders: Gordon Irving and Others
Jurisdiction
Scotland
Judgment Date
03 October 2000
Procedural Posture
Appeal / Inner House, Court of Session, From Sheriff at Kilmarnock
Outcome
Appeal refused
Legal Topics
Policy Interpretation, Public Liability Insurance, Exclusion Clauses, Vicarious Liability
Insurance Law Tort Law Policy Interpretation Public Liability Insurance Exclusion Clauses Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

James and Irene Dignon

Pursuers

Gordon Irving and Others

Defenders

Procedural Posture

Appeal / Inner House, Court of Session, From Sheriff at Kilmarnock

Legal Issues

  1. 1 Whether damage caused by Mr. Anderson was excluded from insurance coverage under the 'trade or occupation' exception in the policy.

Ratio Decidendi

The court held that Mr. Anderson was not engaged in his trade or occupation when he repaired the gutter as a favour, so the policy exclusion did not apply and the insurers were liable to indemnify him.

Court Disposition

Appeal refused

Orders

  • Insurers' appeal refused
  • Declarator of liability to indemnify Mr. Anderson under the policy affirmed