Woods v. Co-Operative Insurance Society, Ltd [1924] ScotLR 489 (14 May 1924)

Woods v. Co-Operative Insurance Society, Ltd [1924] ScotLR 489 (14 May 1924)

There was no valid insurance effected with John Bull, as the scheme expressly disclaimed contractual liability; thus, no 'other insurance' existed to trigger the rateable proportion clause, and no real difference arose under the policy to invoke arbitration. The pursuer was entitled to full indemnity for the assessed loss.

Citation
[1924] ScotLR 489
Parties
Pursuer: Thomas Woods; Defender: Co-Operative Insurance Society, Limited
Jurisdiction
Scotland
Judgment Date
14 May 1924
Procedural Posture
Civil Appeal / Inner House, First Division, Court of Session (appeal From Lord Ordinary)
Outcome
Appeal dismissed; decree granted for pursuer.
Legal Topics
Fire Insurance, Arbitration Clause, Rateable Proportion, Other Insurance, Contractual Liability
Insurance Law Arbitration Law Fire Insurance Arbitration Clause Rateable Proportion Other Insurance Contractual Liability

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Parties

Thomas Woods

Pursuer

Co-Operative Insurance Society, Limited

Defender

Procedural Posture

Civil Appeal / Inner House, First Division, Court of Session (appeal From Lord Ordinary)

Legal Issues

  1. 1 Whether the arbitration clause in the insurance policy applies to a dispute about the existence of other insurance coverage.
  2. 2 Whether the 'free insurance scheme' with John Bull newspaper constituted other insurance under the policy.

Ratio Decidendi

There was no valid insurance effected with John Bull, as the scheme expressly disclaimed contractual liability; thus, no 'other insurance' existed to trigger the rateable proportion clause, and no real difference arose under the policy to invoke arbitration. The pursuer was entitled to full indemnity for the assessed loss.

Court Disposition

Appeal dismissed; decree granted for pursuer.

Orders

  • Lord Ordinary's interlocutor recalled.
  • Decree for the amount claimed (£137, 10s.) granted in favour of the pursuer.