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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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I own a house on my fathers farm, 2 years ago I was working

Customer Question

I own a house on my fathers farm, 2 years ago I was working overseas and realised my home insurance was running out, I talked to my father and he said he would have is agents the NFU get a policy on it, approximately 11 months later I was out one night and the house flooded, we filed a claim the insurance who dealt with me solely sent a builder to fix the house and advised me to go buy replacement furniture and they would reimburse me which I did, when they mailed the cheque to my house my father got the mail and gave it to my sister who has power of attorney over his affairs, she cashed the cheque and refused to give me my money, I understand that legally they can probably keep the money as the policy was in his name ( even though it was on my house) but can I sue them for the expenses I incurred which they were reimbursed for from the insurance the amount of the cheque was £8000
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Legally they can't keep the money. Although the policy was in your father's name, the beneficial interest in the insurance settlement was you as it was your loss of property. The cheque was also made out to you presumably so by encasing it they have acted fraudulently.

You have good grounds to sue your father, and sister, for the money that you are due for the loss of your property.

I hope this helps. Please leave a positive response so that I am credited for my time.