Leonard v Sun Insurance Office Ltd

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow. J.
• Judgment Date: 12 October 1973
• Neutral Citation: VG 1973 HC 5
• Docket Number: No. 66 of 1972
• Date: 12 October 1973

High Court

Glasgow, J.

No. 66 of 1972

Leonard

and

Sun Insurance Office Ltd.

Appearances:-

C.E. Hewlett and L. Barker for plaintiff

McW. Todman for defendant.

Insurance - Motor Vehicle — Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap. 219 — Whether defendants were liable under the policy.

Facts: The policy stated that defendants (the insured party) were not liable where the injured party received injuries while in the employment of the defendant. Further, the plaintiff was required under the Ordinance to prove that the policy was issued by a bona fide insurer.

Held: The plaintiff was employed by the insured party at the time of the accident and he had not proven that the policy was issued by an Insurer. Plaintiff's claim failed.

Glasgow. J.

1 The plaintiff's statement of claim reads as follows:-

• “(1) By a policy of insurance issued by the defendants to Dennis Forbes the defendants in consideration of the premium then paid to them by the said Dennis Forbes agreed to indemnify the said Dennis Forbes against liability which might be incurred by the said Dennis Forbes in respect of the death of or bodily injury to any person caused by or arising out of the use on a road of a motor pickup of which the said Dennis Forbes was the registered owner.

• (2) On the 31st October, 1966 during the currency of the said policy the plaintiff was being carried as a passenger in the said motor pickup being driven by Winfield Forbes along the public read from West End towards Sea Cow Bay when owing to the negligence of the said Winfield Forbes the said motor pick-up ran off the road and overturned whereby the plaintiff suffered bodily injuries and incurred loss and expense.

• (3) The plaintiff brought an action against Dennis Forbes and Winfield Forbes in the High Court of Justice in the Virgin Islands Circuit for damages for such personal injuries loss and expense and on the 16th October, 1970 judgment was entered for the plaintiff against the said Dennis Forbes and Winfield Forbes for a sum of $8118.32 and costs to be taxed.

• (4) Against this judgment, the plaintiff appealed on the question of damages and on the 26th March, 1971 the Court of Appeal allowed the appeal and ordered that judgment be entered for the plaintiff for $40,118.32 and costs and the total costs were agreed on the 14th February, 1972 in the sum of $1,250.00

• (5) On the 31st October, 1966 the plaintiff was being carried in the said pick-up by reason of and in pursuance of a contract of employment and the said Dennis Forbes and Winfield Forbes in the premises were entitled to be indemnified by the defendants in respect of the said claim of the plaintiff and his said judgment obtained against the said Dennis Forbes and Winfield Forbes.

• 6) By reason of the provisions of Sec. 10 of the Motor Vehicles Insurance Third party Risks Ordinance Cap 219 the defendants are liable to pay to the plaintiff the amount of the said judgment and costs $41,368.32 with interest thereon @ 5% per annum from the 26th March, 1971 but the defendants have failed and refused and still fail and refuse to pay to the plaintiff the said sum or any part thereof.

2 And the plaintiff claims $41,368.32 being the amount of the said judgment and costs plus interest thereon @ 5% per annum from the 26th March, 1971.

3 The defendants amended defence reads as follows:-

• “l. In regard to paragraph (1) of the statement of claim, the defendant says that the said policy of insurance was issued with and subject to certain exceptions including the following:

  ‘That the company (that is to say, the defendant) shall not be liable in respect of:

  • (ii) death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment;

  • (iii) death or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or getting on to or alighting from the Motor Vehicle at the time of the occurrence of the event out of which any claim arises.

• 2. In regard to paragraph (2) of the...