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Insurer of company’s recycling trucks was not liable to indemnify for fall of wheelie bin onto employee
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Court of Appeal allows appeal from High Court, and determines that an insurer of a waste disposal company's recycling trucks was not liable to indemnify the company for devastating injuries caused to an employee when a 'wheelie bin' full of glass fell onto him from the mechanical lift of a truck, on the grounds that: (a) the liability in question did not fall under the road traffic legislation as it was not a liability for negligent use of the vehicle by the user; and (b) under the insurance policy, indemnity to the company was excluded where the injury was caused to the person in charge of the vehicle for the purpose of driving.
Allen J (nem diss): Personal injuries - injury at work - fall of plastic 'wheelie bin' containing glass for recycling - use of mechanical lift attached to recycling truck - claim against employer - claim by employer against insurers - employers liability policy - 'motor fleet policy' - whether liability to employee of refuse company was required to be insured under Road Traffic Acts - exclusion in one policy of loss or damage covered by other policy or policies - identity of the 'user' of the vehicle.
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