Date of Decision: 19 Nov 1801
Abstract: The ship Diana, which was owned by the pursuers, recaptured an English ship called the Lady Bruce from a French privateer. The pursuers purchased an insurance policy of £400 on the salvage. However, the Diana lacked any letters of marque giving it the legal right to seize property from the enemy. After the Lady Bruce was recaptured by a Dutch schooner, the pursuers sued the underwriters, the defenders, for the amount due under their policy. The defenders argued that because the Diana had no letters of marque, the pursuers never possessed an insurable interest in the Lady Bruce; therefore, according to the defenders, the insurance policy was void.
Subjects: Prize, Insurance

Published Report

William Morison, The Decisions of the Court of Session (1811), 11962, App. Part 1, No. 5 Paton's Scotch Appeals, House of Lords, Vols. 1-6 (1726-1821), 5:139

People or Organizations Associated with Case

Advocate for Pursuer:
Ja. Turnbull
Jo. Peat
Ad. Rolland, W.S.
Advocate for Defender:
James Reddie
Lord Ordinary:
Sir William Honyman, Lord Armadale
Named in case documents:
Robert Allan, Insurance broker
Leith Glass-Work Company
P. Clerk