Policy Coverage Issue (Motor or PL?)

Mar 25, 2016

  1. skchiuk
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    skchiuk New Member

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    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.
     
    skchiuk, Mar 25, 2016
    #1
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