3 Establishing liability in Scotland
Third Parties (Rights against Insurers) Act 2010 (2010 c 10) | Legislation

3  Establishing liability in Scotland

(1)     This section applies where a person (P)—

(a)     claims to have rights under a contract of insurance by virtue of a transfer under section 1, but

(b)     has not yet established the insured's liability which is insured under that contract.

(2)     P may bring proceedings against the insurer for either or both of the following—

(a)     a declarator as to the insured's liability to P;

(b)     a declarator

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