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Insurance - Employers’ liability insurance; motor insurance; Road Traffic Act; statutory interpretation

Employers’ liability insurance; motor insurance; Road Traffic Act; statutory interpretation

Employee injured while on a stationary lorry operating a cherry picker. Question of whether accident covered by employers’ liability or motor policy depends on whether employee was “being carried in or upon a vehicle”.

Going to court

After four years of litigation court rules in favour of motor insurer with employer’s liability insurer incurring £75,000 of own costs and paying £52,000 towards motor insurer’s costs.

Referral to CFJ

Initial guidance given by assessor, a leading insurance QC, and employers liability insurer withdraws claim. CFJ's fees of £6,000 shared between the parties.

Benefits of using CFJ:

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