AXA Insurance UK Plc v Norwich Union Insurance Ltd. [2007] EWHC 1046 (Comm) (14 May 2007)

AXA Insurance UK Plc v Norwich Union Insurance Ltd. [2007] EWHC 1046 (Comm) (14 May 2007)

The word 'carried' in section 145(4A) of the Road Traffic Act 1988 means being transported, not merely being present in or upon a vehicle. At the time of the accident, Mr Keeble was not being 'carried' within the meaning of the Act. Therefore, Floodlighting's liability to Mr Keeble is covered by the employer's liability policy with Axa, not the motor liability policy with Norwich Union.

Citation
[2007] EWHC 1046 (Comm)
Parties
Claimant: Axa Insurance UK PLC; Defendant: Norwich Union Insurance Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Part 8 Claim (commercial Court) / Judgment After Hearing
Outcome
Claim dismissed (Axa is liable, not Norwich Union)
Legal Topics
Compulsory Insurance, Employers' Liability, Motor Insurance, Interpretation of Statutes, Implementation of EU Directives
Insurance Law Employment Law European Union Law Compulsory Insurance Employers' Liability Motor Insurance Interpretation of Statutes Implementation of EU Directives

Case Brief

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Parties

Axa Insurance UK PLC

Claimant

Norwich Union Insurance Limited

Defendant

Procedural Posture

Part 8 Claim (commercial Court) / Judgment After Hearing

Legal Issues

  1. 1 Which insurer is liable to indemnify Floodlighting & Electrical Services Limited for liability to Aaron Keeble arising from a workplace accident involving a vehicle?
  2. 2 Does section 145(4A) of the Road Traffic Act 1988 require compulsory motor insurance in these circumstances, or does the Employers' Liability (Compulsory Insurance) Act 1969 apply?

Ratio Decidendi

The word 'carried' in section 145(4A) of the Road Traffic Act 1988 means being transported, not merely being present in or upon a vehicle. At the time of the accident, Mr Keeble was not being 'carried' within the meaning of the Act. Therefore, Floodlighting's liability to Mr Keeble is covered by the employer's liability policy with Axa, not the motor liability policy with Norwich Union.

Court Disposition

Claim dismissed (Axa is liable, not Norwich Union)

Orders

  • Declaration that Axa Insurance UK PLC is liable to indemnify Floodlighting & Electrical Services Limited in respect of its liability to Aaron Keeble.
  • No reference to the European Court is necessary.