Public Liability cover from home insurance

OnanTheBarbarian

Question for those in the know....

With the public liability cover that comes with home insurance policies, would that typically allow or exclude an indemnity for liabilities arising from the use of a non-road registered vehicle (fork lift truck) whilst acting in the course of your employment when the employers PL policy excludes indemnity for incidents arising from the use of a mechanically propelled vehicle?

So if you have home cover with PL cover, drive your fork lift truck at work from the building but end up on the road and cause a collision, do you think the PL element of the policy you have as part of your home insurance would indemnify?

What do you think?

Quentin

PL with home insurance usually excludes "using" any vehicles except mowers/wheelchairs etc.

OnanTheBarbarian

:beer: Thanks Q

TSx

Quentin is spot on but if you find a policy which doesn't exclude that, most will also exclude anything in connection with your trade, profession or employment.

Just_Some_Guy

usual exclusions include vehicles (except electric wheelchairs and stairlifts), bites from dogs banned under the Dangerous Dogs Act, and activities in the course of your employment. How on Earth did the fork lift truck end up on the public highway?

dacouch

I'm guessing this is a claim that has landed on your for a customer who wishes to claim against the fork lift truck.

The FL should be covered by the employer either under the own Public Liability Insurance or possibly under the engineering insurance (Forklifts must be serviced and checked by a specialist at regular intervals)

OnanTheBarbarian

Thanks, the PL cover for the FL truck excludes accidents involving mechanically propelled vehicles. Will enquire into any cover regarding the maintenance end of things and whether any existence of cover.

This incident seems a grey area of no cover existing and I have concerns as to the ability of the FL operators to meet the financial claims which will probably exceed £75k.

ashburnham

Quite simply, the Public Liability you have on your home insurance only covers you for incidents that you deemed liable for as the homeowner (for example, a tile falls off your roof onto someone's head walking past).

A motor vehicle (whether a personal vehicle or one used in respect of your trade) would not be covered in any fashion under your home insurance policy. You or your employer would need to take out the appropriate insurance.

If you are acting under the instructions of your employer then it is up to them to obtain the appropriate Public and Employers Liability Insurance to cover what you are doing as it will ultimately come down to them and the company. There could, however, be a clause in your employment contract which overrides this putting the costs back in your hands so you would need to go through this before making any assumptions.

If you are acting outside of your trade then you would need a separate FL Truck indemnity policy regardless to cover you personally which will probably be difficult to obtain.

I'm by no means a legal expert so do not take the above as advice. I would always recommend speaking to a qualified legal professional before making any decisions relating to liability insurance cover.

rs65

OnanTheBarbarian wrote: »

excludes accidents involving mechanically propelled vehicles

Is it worded as simple as that. Could it exclude mechanically propelled vehicles that are licensed for road use?

OnanTheBarbarian

rs65 wrote: »

Is it worded as simple as that. Could it exclude mechanically propelled vehicles that are licensed for road use?

I have requested the policy wording from the employer's insurers LV and await details.

dacouch

rs65 wrote: »

Is it worded as simple as that. Could it exclude mechanically propelled vehicles that are licensed for road use?

"6. Mechanically Propelled Vehicles
Liability arising out of the ownership possession or use by or on behalf of the Insured of any mechanically propelled
vehicle or trailer attached thereto which is required by any road traffic legislation to be the subject of compulsory
insurance or other security but this Exclusion shall not apply
a) while such vehicle is being used as a tool of trade (other than in respect of liability which is compulsorily
insurable under road traffic legislation)
b) in respect of the loading or unloading of such vehicle or the delivery or collection of goods to or from
such vehicle
except where more specifically insured by any other policy"

Page 48

http://www.lv.com/assets/gi/pdfs/commercial/business-insurance/21548005-lv-broker-business-ins-doi-05-15.pdf