Urban And Rural Recycling Ltd & Anor v Zurich Insurance Plc (Approved) [2023] IECA 11 (25 January 2023)

Urban And Rural Recycling Ltd & Anor v Zurich Insurance Plc (Approved) [2023] IECA 11 (25 January 2023)

The liability of the Company to Mr. Moore was not a liability required to be insured under the Road Traffic Acts, as Mr. Moore was the user of the vehicle and cannot be liable to himself. Compulsory insurance only covers liability to third parties. Therefore, Zurich is not bound to indemnify the Company for Mr. Moore’s claim under the compulsory insurance provisions. The RSA policy does not respond as it excludes liability covered by other policies, and Zurich’s policy does not cover the claim under statutory requirements.

Citation
[2023] IECA 11
Parties
Plaintiff/appellant: Urban and Rural Recycling Limited; Plaintiff: RSA Insurance Ireland DAC; Defendant/respondent: Zurich Insurance PLC
Jurisdiction
Ireland
Judgment Date
25 January 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Compulsory Motor Insurance, Employer's Liability, Vicarious Liability, Interpretation of Road Traffic Acts, Coverage Exclusions
Insurance Law Personal Injury Employment Law Compulsory Motor Insurance Employer's Liability Vicarious Liability Interpretation of Road Traffic Acts Coverage Exclusions

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Parties

Urban and Rural Recycling Limited

Plaintiff/appellant

RSA Insurance Ireland DAC

Plaintiff

Zurich Insurance PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the liability of the Company to Mr. Moore was required to be insured under the Road Traffic Acts
  2. 2 Whether the Company was entitled to indemnity under the Zurich policy, the RSA policy, or both

Ratio Decidendi

The liability of the Company to Mr. Moore was not a liability required to be insured under the Road Traffic Acts, as Mr. Moore was the user of the vehicle and cannot be liable to himself. Compulsory insurance only covers liability to third parties. Therefore, Zurich is not bound to indemnify the Company for Mr. Moore’s claim under the compulsory insurance provisions. The RSA policy does not respond as it excludes liability covered by other policies, and Zurich’s policy does not cover the claim under statutory requirements.

Court Disposition

Appeal dismissed

Orders

  • Zurich Insurance PLC is not bound to indemnify Urban and Rural Recycling Limited for Mr. Moore’s claim under the compulsory insurance provisions of the Road Traffic Acts.
  • No indemnity is available under the RSA policy as liability is excluded if covered by another policy.