Bennett v Independent Insurance Co Ltd [2001] ScotCS 3 (9 January 2001)

Bennett v Independent Insurance Co Ltd [2001] ScotCS 3 (9 January 2001)

The pursuer is entitled to decree of declarator in appropriate terms, as the issues are identical to those in the Aitken case except for the absence of the Unsatisfied Court Judgments clause, which does not affect the outcome.

Citation
[2001] ScotCS 3
Parties
Pursuer: Alexander Bennett; Defenders: Independent Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
09 January 2001
Procedural Posture
Civil Action for Declarator and Payment Under Insurance Policy / Debate on Relevancy and Title to Sue
Outcome
Case put out By Order for discussion of the terms of the appropriate decree of declarator in favour of the pursuer.
Legal Topics
Title to Sue Under Insurance Policy, Employer's Liability, Liquidation and Unsatisfied Judgments
Insurance Law Employment Law Civil Procedure Title to Sue Under Insurance Policy Employer's Liability Liquidation and Unsatisfied Judgments

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Parties

Alexander Bennett

Pursuer

Independent Insurance Company Limited

Defenders

Procedural Posture

Civil Action for Declarator and Payment Under Insurance Policy / Debate on Relevancy and Title to Sue

Legal Issues

  1. 1 Whether the pursuer has title to sue the insurer directly for payment under the policy after employer's liquidation
  2. 2 Whether the pursuer's averments are relevant and sufficiently specified

Ratio Decidendi

The pursuer is entitled to decree of declarator in appropriate terms, as the issues are identical to those in the Aitken case except for the absence of the Unsatisfied Court Judgments clause, which does not affect the outcome.

Court Disposition

Case put out By Order for discussion of the terms of the appropriate decree of declarator in favour of the pursuer.