The pursuer sought payment under his insurance after his house burnt down. The defenders said the claim was time barred, and that there had been material non-disclosure. The issue was whether payments made after the fire had acknowledged the claim so as to extend the limitation period.
Held: Any qualification of the payments was not so clear as to make them properly without prejudice and the limitation challenge failed.
Citations:
[2001] ScotCS 220, [2001] ScotHC 103
Links:
Statutes:
Prescription and Limitation (Scotland) Act 1973
Jurisdiction:
Scotland
Insurance
Updated: 04 June 2022; Ref: scu.166518