AXA Insurance UK Plc v Norwich Union Insurance Ltd.

AXA Insurance UK Plc v Norwich Union Insurance Ltd.

The word 'carried' in section 145(4A) RTA 1988 refers to being transported or moved from one place to another. At the time of the accident, Mr Keeble was not being 'carried' in or upon the vehicle but was working in the bucket of a stationary hoist. Therefore, the liability is not covered by the compulsory motor insurance regime but by the employer’s liability insurance. The court is not prepared to adopt a strained interpretation of the statute to marginally reduce non-compliance with EU Directives, especially where the dual insurance regime is established by UK law.

Parties
Claimant: Axa Insurance UK PLC; Defendant: Norwich Union Insurance Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Civil (insurance Indemnity Dispute) / Judgment After Part 8 Trial
Outcome
Liability to indemnify Floodlighting & Electrical Services Limited in respect of Mr Keeble’s accident rests with Axa under the employer’s liability policy, not Norwich Union under the motor policy.
Legal Topics
Motor Insurance, Employers’ Liability Insurance, Compulsory Insurance, Interpretation of Road Traffic Act 1988, Implementation of EU Directives
Insurance Law Statutory Interpretation European Law Motor Insurance Employers’ Liability Insurance Compulsory Insurance Interpretation of Road Traffic Act 1988 Implementation of EU Directives

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Parties

Axa Insurance UK PLC

Claimant

Norwich Union Insurance Limited

Defendant

Procedural Posture

Civil (insurance Indemnity Dispute) / Judgment After Part 8 Trial

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 the Road Traffic Act 1988 require compulsory insurance in these circumstances, or does the Employers’ Liability (Compulsory Insurance) Act 1969 apply?
  3. 3 What is the meaning of 'carried in or upon a vehicle' under section 145(4A) RTA 1988?

Ratio Decidendi

The word 'carried' in section 145(4A) RTA 1988 refers to being transported or moved from one place to another. At the time of the accident, Mr Keeble was not being 'carried' in or upon the vehicle but was working in the bucket of a stationary hoist. Therefore, the liability is not covered by the compulsory motor insurance regime but by the employer’s liability insurance. The court is not prepared to adopt a strained interpretation of the statute to marginally reduce non-compliance with EU Directives, especially where the dual insurance regime is established by UK law.

Court Disposition

Liability to indemnify Floodlighting & Electrical Services Limited in respect of Mr Keeble’s accident rests with Axa under the employer’s liability policy, not Norwich Union under the motor policy.

Orders

  • Declaration that Axa Insurance UK PLC is liable to indemnify Floodlighting & Electrical Services Limited for its liability to Aaron Keeble under the Employers’ Liability Policy.