Burnett (or Grant) v Marcius and others

Insurance – Public liability insurance policy – Construction – Exclusion clause. Court of Session: In a derivative claim arising out of the death of the pursuer's husband as a result of the actions of a door steward of a bar, in which the pursuer sought to enforce the rights under a public liability insurance policy of the employers of the door steward against their insurers, the court rejected the insurers' contentions that their liability to indemnify the employers in respect of the pursuer's husband's death was wholly excluded, or alternatively limited, by clauses of the policy, and held that the insurers were obliged to indemnify the employers in respect of their liability to the pursuer arising out the death and that the employers' right to indemnity had been transferred to and vested in the pursuer.

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