Henderson v Bermuda Fire & Marine Insurance Company Ltd
| Jurisdiction | Bermuda |
| Judgment Date | 24 July 1987 |
| Date | 24 July 1987 |
| Docket Number | Civil Jurisdiction 1985 No. 269 |
| Court | Supreme Court (Bermuda) |
In the Supreme Court of Bermuda
LA Ward, J
Civil Jurisdiction 1985 No. 269
and
Mr. Nicholas Voaden for the plaintiff
Mr. John Cooper for the Defendant
McCallan v Simmons 1982 Civil Appeal No. 9
Joel v MorrisonENR 6 C&P 504
Browning v Phoenix Assurance CoUNK [1960] 2 Lloyds Rep. 360
Harrison v Michelin Tyre Co LtdUNK [1985] 1 All ER 918
Motor Car Insurance (Third Party Risks) Act 1943 s. 6
Personal injury — Damages — Vicarious liability — Insurance — Pedestrian struck by truck — Whether driver authorised by owner
On 20th September 1982 the plaintiff was walking on Curving Avenue, Pembroke Parish when he was struck by a light truck L517 which was driven by Vaughan Simons and owned by Ray Brothers Ltd.
The plaintiff commenced an action No. 172 of 1984 against both Simons and Ray Brothers Ltd. and on 2nd July 1985 judgment was entered for the plaintiff against Simons in the sum of $15,000. For some unexplained reason the plaintiff discontinued the action against Ray Brothers Ltd.
Ray Brothers Ltd. operates a garage at St. John's Road, Pembroke Parish. On or about 5th February 1979 the defendant issued Ray Brothers Ltd. a policy of motor insurance which was in effect on 20th September 1982 and which covered the driving of certain motor vehicles including the light truck which Simons was driving at the time of the accident.
In the former action No. 172 of 1984 Ray Brothers Ltd. took the point that although Simons was their employee at the time of the accident he was not an authorised driver.
In this action the defendant insurance company has taken the same point and on that basis has denied liability.
In the policy of insurance the term ‘authorised driver’ is defined as follows:
‘Any of the following:—
(a) The Insured
(b) Any person provided he is in the insured's employ and is driving on his order or with his permission.
Provided that the person driving holds a licence to drive the Motor Vehicle ………….’
The facts are that on the morning of 20th September 1982 Simons was instructed by his supervisor, Dennis DeSilva, one of the managers of Ray Brothers Garage, to take refuse including used oil cans, trash and soiled paper to a public dump and for that purpose to use the truck L517. Simons deposited the waste material at the dump but instead of returning directly to the garage he went off the route to a bakery at Curving Avenue. From there he...
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