ARTICLE · 21 MARCH 2012

Insurance And Reinsurance Weekly Update - 13 March 2012

Clyde & Co

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Whether loss fell within the terms of a motor insurance policy and the meaning of "arising out of" in the context of a policy exclusion

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British Waterways v RSA

Whether loss fell within the terms of a motor insurance policy and the meaning of "arising out of" in the context of a policy exclusion

http://www.bailii.org/ew/cases/EWHC/Comm/2012/460. Html

A father and son were killed when the tractor which they were reversing along a towpath toppled into a canal. They were independent contractors retained by the claimant to carry out hedge-cutting services. The tractor belonged to the claimant. The claimant pleaded guilty to an offence under the Health and Safety at Work Act 1974 and thereafter reached a settlement with the the deceased men's estates. They sought to recover the amount of that settlement (and other amounts) from the defendant insurers. Burton J held as follows:

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