Summary
Insurance cover depends on the essential or primary purpose of the journey, assessed from the insured driver's perspective and on the particular facts. A secondary or incidental purpose does not displace an otherwise covered primary purpose. A journey may change character, but the change must be established at the time of the accident. A courtesy lift or detour will not necessarily alter a journey home from work. A policy covering a “private motor car” may exclude a vehicle operated or supplied in the course of a business, even if its physical configuration is private. Where the wording is clear, contra proferentem has no application.
Factual background
AXA sought a declaration that it and EUI were equally liable to indemnify the driver of a courtesy car after a serious road accident. The car was owned by a garage and lent to the driver while his own vehicle was being repaired. The driver had been returning home after a security shift and intended to collect a friend from a nearby coach station.
The court had to decide whether the journey fell within cover for “social, domestic and pleasure purposes only”, and whether the courtesy car was a “private motor car” under EUI’s policy. If either issue was answered against AXA, EUI had no liability.
Held
- Outcome. The declaration sought by AXA was refused. Any liability falling on AXA had to be borne by AXA alone.
- Purpose of the journey. The court applied the guidance from Seddon v Binions [1978] RTR 163, Passmore v Vulcan Boiler & General Insurance Co. Ltd. (1936) 54 Lloyd’s List Rep 92, Caple v Sewell [2002] Lloyd’s Rep (I and R) 627, Keeley v Pashen [2005] Lloyd’s Rep (I and R) 289 and AXN v Worboys [2013] 1 Lloyd’s Law Rep (I and R) 207. The essential or primary purpose had to be assessed from the insured’s perspective and on the facts of the particular journey.
- The journey’s essential character was the driver’s journey home from work. Collecting a friend on the way was a courtesy fitted into that journey and did not transform it into a social, domestic or pleasure journey. The court was not required to search for a secondary purpose capable of taking the use outside the policy.
- The journey had not changed character in the manner identified in Keeley v Pashen and AXN v Worboys. The driver remained on his homeward commute at the time of the accident.
- Private motor car. The courtesy car was supplied and operated by a garage as part of its business and as a marketing convenience. “Privately owned motor car” therefore excluded a car owned or supplied for business purposes, whether the business was conducted by a company or a sole trader and regardless of the vehicle’s physical configuration.
- The policy wording was sufficiently clear. The contra proferentem principle did not apply. The AXA Policy alone responded to the circumstances.
The court’s approach to earlier authorities
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Key cases cited
5 authorities cited.
- Keeley v Pashen & Anor [2004] EWCA Civ 1491
- Seddon v Binions [1978] RTR 163
- PASSMORE v. VULCAN BOILER & GENERAL INSURANCE COMPANY, LTD. (1936) 54 Ll L Rep 92
- Caple v Sewell
- AXN v Worboys
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Cases citing this case
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