✅ FOI: Liability Policy & Notification Information (Zürich Municipal).
Request to the Highland Council.
Sent: 19 November 2025
Due: 18 December 2025
Response: 11 December 2025 🚩
Review Sent: 11 December 2025
Review Due: 15 January 2026
SICO Application Lodged: 22 January 2026
Response Received: 30 January 2026
SICO Application Withdrawn: 3 February 2026
SICO Withdrawal Confirmed: 3 February 2026
FS-Case-766931393
3 February 2026
Thank you for your email requesting a withdrawal of your appeal. Please see the attached pdf which confirms the withdrawal.
Kind regards,
Alan
Alan Coull
Validation Officer
________________________________________
Scottish Information Commissioner
Kinburn Castle, Doubledykes Road
St Andrews, KY16 9DS
Email: acoull@foi.scot
Web: www.foi.scot
X / Twitter: @FOIScotland
Attachment 👇
Scottish Information Commissioner
Our Ref 202600156
Your Ref FS-Case-766931393
Application for Decision by the Scottish Information Commissioner
Public Authority: Highland Council
Thank you for your email of 3 February 2026, in which you informed me that you wanted to withdraw your application to the Scottish Information Commissioner for a decision. As a result, the Commissioner has determined that no decision falls to be made in relation to the application. Your case file has now been closed.
The Commissioner is required to let you know that you have the right to appeal to the Court of Session against his determination that no decision falls to be made, on a point of law only. Any such appeal must be made within 42 days of the date of intimation (i.e. date of posting) of this letter.
While the file has now been closed, Highland Council’s apparent failure to comply with timescales of the Freedom of Information (Scotland) Act 2002/Environmental Information (Scotland) Regulations 2004 has been recorded in the Commissioner's case handling system and may be taken into account for the purposes of future action under the Commissioner’s Enforcement Policy.
Yours sincerely
Alan Coull
Validation Officer
3 February 2026
Dear Alan,
I am writing to withdraw this appeal. The Council have now responded.
FS-Case-766931393
Thank you for your time & attention
Kind regards.
30 January 2026
I refer to your email dated 11 December 2025 following your request for information under the Freedom of Information (Scotland) Act 2002 (FOISA), referenced under FS-Case-766931393. I am sorry that you were dissatisfied with the response provided and please accept my apologies for the short delay in providing you with a response. In order to review your response, I have discussed this matter with relevant colleagues within the Insurance section of the Council.
In your email, you expressed the view that it was highly implausible that the Council does not hold the exact wording of the notification clauses for core liability policies, including those governing aggregate risk. Following discussion with my colleagues, I am attaching a copy of the policy document in place between the Council and our insurers.
While it is not entirely clear whether providing this document fully addresses the specific point you raised, we consider it may be helpful to direct you to pages 7, 14, 15, and 17 for the purposes of this review.
I am sorry this was not provided to you as part of the original response.
I hope that this explanation and further detail provided to you is helpful, however should you remain dissatisfied with any aspects of my response regarding the provision of recorded information, you have the right to request that the Scottish Information Commissioner takes up an appeal on your behalf. Those contact details are:
Scottish Information Commissioner,
Kinburn Castle,
Doubledykes Road,
St Andrews, Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
e-mail: enquiries@itspublicknowledge.info
Your request should contain details of the aspects of the Council’s response with which you are dissatisfied and should be made within 6 months of receipt of this review response. If you are subsequently dissatisfied with the outcome of your appeal to the Commissioner, you then have the right of appeal to the Court of Session regarding a point of law.
Yours sincerely
Angela Morrison
Complaints & Information Manager
Highland Council
👉 [DOWNLOAD Zurich Municipal Select Policy Terms and Conditions]
11 December 2025
Dear Sir or Madam,
Thank you for your response, however, I am dissatisfied with the application of Section 17 of FOISA and am requesting an internal review of the response.
Beginning with question 1, it is highly implausible that the Council does not hold the exact text of the notification clauses for core liability policies including that governing aggregate risk.
I have not sought information concerning finalised “insurance claims” or “claims handling”, but rather the clauses defining the Council’s obligation to notify its insurer of potential liabilities, circumstances, or incidents that could lead to aggregate loss in future, which are distinct contractual requirements.
Please provide all documentation including the exact excerpts/text of those policy clauses relating to the Council’s notification requirements.
If the Council’s liability policy does not contain such notification clauses, please confirm if that is the case.
Thank you for your time and attention.
Kind regards.
11 December 2025
Dear Ms Waterston,
Original FOI request: Liability Policy & Notification Information
Some of the information you have requested is not held by the Council. This response represents a notice under Section 17 of Freedom of Information (Scotland) Act 2002 that the Council is unable to provide the information for that reason.
1. Please provide the exact text of the clauses within the Council’s liability insurance policy with Zurich Municipal or any other (for the current and/or relevant policy year) that dictates the insured’s obligation to notify the insurer of any ‘claim’, ‘circumstance’ or ‘incident’ that may potentially exceed or aggregate toward the SIR limit.
Since April 2024, Zurich have undertaken the claims handling for all insurance claims for the Council where we hold policies with them. Therefore, all such insurance claims, regardless of the self-insurance limits, are notified to Zurich.
2. Please provide all documented evidence (e.g., email, letter, claim form, internal log) that confirms the date and method by which The Highland Council formally notified Zurich Municipal (or any other) of the following legal actions as notifiable circumstances under the policy if they did so, in respect of the case references:
INV-SM2-24
INV-SM11-25
We can confirm that the Council holds no information regarding the above case references as there have been no insurance claims relating to them. Therefore, under Section 17 of Freedom of Information (Scotland) Act 2002 the Council is unable to provide the information requested as it is not held.
3. Please provide all internal documentation (including, but not limited to, memos, reports, meeting minutes, and legal advice) dated between 1 MAR 2024 and 19 NOV 2025 concerning the formal risk assessment and insurer notification decision relating to the legal liability arising from the alleged systemic GDPR breaches cited in the claims above, particularly in light of the adverse court orders granted against the Council.
We can confirm that the Council holds no information regarding the above information. Therefore, under Section 17 of Freedom of Information (Scotland) Act 2002 the Council is unable to provide the information requested.
Under Section 20 of Freedom of Information (Scotland) Act 2002, you have the right to request that the Highland Council reviews any aspect of how it has dealt with your request. This requirement for review should be requested to the Freedom of Information Officer, Highland Council, Glenurquhart Road, Inverness IV3 5NX, or foireview@highland.gov.uk, within 40 working days of receipt of this response. The request should include details of the information requested and the aspects of the Highland Councils response which you are not satisfied with.
If you are subsequently dissatisfied with the outcome of the Councils review, you have the right to appeal to the Scottish Information Commissioner under Section 47 of the Freedom of Information (Scotland) Act 2002, within six months of receiving the Councils review response.
Yours sincerely
Customer Resolution and Improvement Team
Unless related to the business of The Highland Council, the views or opinions expressed within this e-mail are those of the sender and do not necessarily reflect those of The Highland Council, or associated bodies, nor does this e-mail form part of any contract unless so stated.
19 November 2025
Please provide the following information:
1. Please provide the exact text of the clauses within the Council’s liability insurance policy with Zurich Municipal or any other (for the current and/or relevant policy year) that dictates the insured’s obligation to notify the insurer of any ‘claim’, ‘circumstance’ or ‘incident’ that may potentially exceed or aggregate toward the SIR limit.
2. Please provide all documented evidence (e.g., email, letter, claim form, internal log) that confirms the date and method by which The Highland Council formally notified Zurich Municipal (or any other) of the following legal actions as notifiable circumstances under the policy if they did so, in respect of the case references:
INV-SM2-24
INV-SM11-25
3. Please provide all internal documentation (including, but not limited to, memos, reports, meeting minutes, and legal advice) dated between 1 MAR 2024 and 19 NOV 2025 concerning the formal risk assessment and insurer notification decision relating to the legal liability arising from the alleged systemic GDPR breaches cited in the claims above, particularly in light of the adverse court orders granted against the Council.