ANNE KERR v. DUNCAN McKENZIE [2000] ScotSC 30 (1st November, 2000)

ANNE KERR v. DUNCAN McKENZIE [2000] ScotSC 30 (1st November, 2000)

There was sufficient evidence to infer a contract between the pursuer and DAS, with the pursuer nominated by Kwikfit to receive DAS cover. The policy wording did not confer an absolute discretion on DAS regarding replacement vehicle hire, thus DAS had a right of subrogation to the pursuer's claim for vehicle hire costs.

Citation
[2000] ScotSC 30
Parties
Pursuer: Anne Kerr; Defender: Duncan McKenzie
Jurisdiction
Scotland
Procedural Posture
Summary Cause Action / Final Judgment
Outcome
judgment for pursuer
Legal Topics
Subrogation, Indemnity Insurance, Road Traffic Accident, Contract Formation
Insurance Law Contract Law Tort Law Subrogation Indemnity Insurance Road Traffic Accident Contract Formation

Case Brief

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Parties

Anne Kerr

Pursuer

Duncan McKenzie

Defender

Procedural Posture

Summary Cause Action / Final Judgment

Legal Issues

  1. 1 Was there a contract between the pursuer and DAS?
  2. 2 Did DAS have a right of subrogation to the pursuer's claim for vehicle hire costs?

Ratio Decidendi

There was sufficient evidence to infer a contract between the pursuer and DAS, with the pursuer nominated by Kwikfit to receive DAS cover. The policy wording did not confer an absolute discretion on DAS regarding replacement vehicle hire, thus DAS had a right of subrogation to the pursuer's claim for vehicle hire costs.

Court Disposition

judgment for pursuer

Orders

  • Decree in the sum of £911.57 being the agreed damages will be pronounced.
  • The pursuer will be entitled to the expenses of the action as the successful party.