Sim v. Independent Insurance Co Ltd [2004] ScotCS 57 (13 February 2004)
The pursuer failed to establish on the balance of probabilities that Federated was Don's employers' liability insurer during the deceased's employment in the 1960s; therefore, the necessary factual basis for the claim was not proved and the action must be dismissed.
- Citation
- [2004] ScotCS 57
- Parties
- Pursuer: Moira Sim; Defender: Independent Insurance Company Limited (in provisional liquidation)
- Jurisdiction
- Scotland
- Judgment Date
- 13 February 2004
- Procedural Posture
- Civil / Judgment After Proof
- Outcome
- action dismissed
- Legal Topics
- Third Party Rights Against Insurers, Employers' Liability Insurance, Burden of Proof, Mesothelioma Claims, Declarator, Liquidation
Case Brief
Summary, issues, holding and outcome
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Parties
Moira Sim
Pursuer
Independent Insurance Company Limited (in provisional liquidation)
Defender
Procedural Posture
Civil / Judgment After Proof
Legal Issues
- 1 Whether Federated was Don's employers' liability insurer during the deceased's employment in the 1960s
- 2 Whether the pursuer can enforce a decree against the insurer under the Third Parties (Rights Against Insurers) Act 1930
Ratio Decidendi
The pursuer failed to establish on the balance of probabilities that Federated was Don's employers' liability insurer during the deceased's employment in the 1960s; therefore, the necessary factual basis for the claim was not proved and the action must be dismissed.
Court Disposition
action dismissed
Orders
- Defender's third plea in law upheld
- Pursuer's first and second pleas in law refused
Full Case Text
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