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RTA Insurer not liable for the 'same damage' as its insured

In Jubilee Motors Syndicate v Volvo Truck & Bus (Southern) Limited (2010) Jubilee, a road traffic insurer within the meaning of the Road Traffic Act 1988, had been ordered to pay damages following the settlement of a claim against its insured (Volvo) by an injured third party. Jubilee thereafter instigated contribution proceedings against its insured under the Civil Liabiliy (Contribution) Act 1978. Its argument was two-fold. First, it alleged that it was a "person liable in respect of the same damage" as its insured under section 1(1) of the 1978 Act. Alternatively, Jubilee  relied upon section 1(4) of the Act, which provided that "a person who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not he himself is or ever was liable in respect of the damage"

Striking out the contribution claim, the Court held that the terms "same damage" and "in respect of" in s.1(1) of the 1978 Act had to be construed narrowly, in accordance with established case-law. Unlike any potential liability that Volvo might have owed the injured third party directly (i.e as the tortfeasor), Jubilee's liability was contingent on its contractual obligations under the policy of insurance. The 1988 Act did not render Jubilee liable for the third party's personal injuries as such, but rather to satisfy a judgment resulting from the third party's suffering of those personal injuries, as caused by Volvo. Jubilee had never caused the third party any loss or injury. It was never directly, or vicariously, liable for the third party's injuries and could not be regarded as a  'wrongdoer' of any kind. 

The claim under s.1(4) of the 1978 Act was also struck out. That section could not be read as having a meaning different from, or extending beyond, the court's definition of "same damage" in s.1(1) of the 1978 Act. Both sections had to be read together.

Do you agree with the Court's analysis in this case? Should it matter that Jubilee's liability to pay the agreed settlement with Volvo arose either from the Statutory framework under the Road Traffic Act 1988, or under the policy of insurance?




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