Turnbull v MNT Transport (2006) Ltd & Ors [2010] ScotCS CSOH_163 (10 December 2010)

Turnbull v MNT Transport (2006) Ltd & Ors [2010] ScotCS CSOH_163 (10 December 2010)

Both the Chaucer motor policy and the AXA public liability policy are engaged and provide indemnity to the first defenders for the incident. The trailer was still 'in use' and part of 'your vehicle' under the Chaucer policy, as the journey was ongoing and the temporary detachment was expressly contemplated by the policy wording. The double insurance clauses in both policies operate to require shared liability between the insurers if the defenders are found liable to the pursuer.

Citation
[2010] ScotCS CSOH_163
Parties
Pursuer: Thomas Richard Turnbull; First Defender: MNT Transport (2006) Ltd; Second Defender: Brian Campbell; First Third Party: AXA Insurance UK PLC; Second Third Party: Chaucer Syndicates Ltd, t/a Chaucer Insurance
Jurisdiction
Scotland
Judgment Date
10 December 2010
Procedural Posture
Insurance Indemnity Dispute (preliminary Proof) / Preliminary Proof on Indemnity Between Defenders and Third Party Insurers
Outcome
Both insurance policies are engaged; first defenders entitled to indemnity from both insurers if liable to pursuer.
Legal Topics
Interpretation of Insurance Policies, Double Insurance Clauses, Motor Insurance Coverage, Public Liability Insurance, Indemnity Obligations, Use of Vehicles Under Insurance Policies
Insurance Law Contract Law Tort Law Interpretation of Insurance Policies Double Insurance Clauses Motor Insurance Coverage Public Liability Insurance Indemnity Obligations +1 more

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Parties

Thomas Richard Turnbull

Pursuer

MNT Transport (2006) Ltd

First Defender

Brian Campbell

Second Defender

AXA Insurance UK PLC

First Third Party

Chaucer Syndicates Ltd, t/a Chaucer Insurance

Second Third Party

Procedural Posture

Insurance Indemnity Dispute (preliminary Proof) / Preliminary Proof on Indemnity Between Defenders and Third Party Insurers

Legal Issues

  1. 1 Does the motor insurance policy issued by Chaucer cover the incident involving the detached trailer?
  2. 2 Does the public liability policy issued by AXA cover the incident?
  3. 3 How do the double insurance clauses in both policies interact?

Ratio Decidendi

Both the Chaucer motor policy and the AXA public liability policy are engaged and provide indemnity to the first defenders for the incident. The trailer was still 'in use' and part of 'your vehicle' under the Chaucer policy, as the journey was ongoing and the temporary detachment was expressly contemplated by the policy wording. The double insurance clauses in both policies operate to require shared liability between the insurers if the defenders are found liable to the pursuer.

Court Disposition

Both insurance policies are engaged; first defenders entitled to indemnity from both insurers if liable to pursuer.

Orders

  • Case to be put out By Order for further discussion as to the precise form of the necessary interlocutor.
  • Any apportionment of liability between insurers to consider the £2 million limit on the AXA policy.