Motor Policy Coverage Issue

[skchiuk]

Hi all,

Sorry that I am quite new to the industry.

I am recently handling a claim and wish to seek your advice on the policy coverage.

Background

• A person was injured by a tail platform of a vehicle
  
• The vehicle is owned by Company B
  
• The tail platform at the material time was operated by employee of Company A with authorization of Company B
  
• It was in great dispute on the identity of the injured as to whether he is an employee of Company A, Company B or was self-employed
  
• Legal proceeding is commenced on the Employees' Compensation but no judgement is yet to be laid down on the employment relationship

Issue

1. Am I write to say that third party bodily injury arising out of the tail platform operation by authorized person, is covered under the auto policy taken out by Company B but not the PL policy taken out by Company A? (Suppose PL policy of Company A is covering all its operations but not only to specific risk locations)
   
2. Suppose it is the judgment that the injured is the employee of Company A and the common law action is now against the operator of Company A, is it appropriate for me to say that the motor policy of Companay B will respond?
   
3. Suppose it is the judgment that the injured is the employee of Company B and the common law action is now against the operator of Company A, is it appropriate for me to say that the motor policy of Companay B will respond?
   
4. Suppose it is the judgment that a self-employed person and the common law action is now against the operator of Company A, is it appropriate for me to say that the motor policy of Companay B will respond?

Much appreciate to hear any feedbacks, thank you.

 

[djs]

In short, it is not appropriate for you to say who will cover what. That is the job of the adjusters. Let them do their job without you inserting your foot into it first.

In your question, you don't say who the injured was, whether it was the operator or someone else. The real question though is if there is negligence or fault that caused the injury.

Bottom line though, never ever commit to a claim being paid by anybody. If the person is self employed, which if he didn't know beforehand, I assume he is just contract labor, he may have to file against his own workers comp policy.

Dan