Miller v Hales & Ors

Section 145(4)(a) does not exclude police constables from insurance cover as they are not employees; therefore, the insurer is liable under section 151 for the claimant's injuries.

Parties: Claimant: Guy Miller; First Defendant: Ricky Hales; Second Defendant: QBE International Insurance Ltd trading as Ensign Motor Policies at Lloyds; Third Defendant: The Motor Insurers Bureau
Jurisdiction: England and Wales
Judgment Date: 06 July 2006
Procedural Posture: Civil / Judgment
Outcome: Declaration granted in favour of the claimant.
Legal Topics: Road Traffic Act 1988, Police Officer Status, Third Party Insurance Liability, Section 145 and 151 Interpretation

Insurance Law Personal Injury Employment Law Road Traffic Act 1988 Police Officer Status Third Party Insurance Liability Section 145 and 151 Interpretation

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Parties

Guy Miller

Claimant

Ricky Hales

First Defendant

QBE International Insurance Ltd trading as Ensign Motor Policies at Lloyds

Second Defendant

The Motor Insurers Bureau

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether section 145(4)(a) excludes police constables from insurance cover as employees or quasi-employees
2 Whether section 145(4A) applies to the claimant's circumstances
3 Whether the insurer is liable under section 151 for injuries sustained by the claimant

Ratio Decidendi

Section 145(4)(a) does not exclude police constables from insurance cover as they are not employees; therefore, the insurer is liable under section 151 for the claimant's injuries.

Court Disposition

Declaration granted in favour of the claimant.

Orders

Second defendant insurers are obliged to pay whatever the first defendant, Ricky Hales, is bound to pay under the judgment entered against him.