Home Industry News Liability & Accident Committee Meeting Digest 7/7/2016

Liability & Accident Committee Meeting Digest 7/7/2016

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EU Referendum

The committee discussed the issues in the market following the result of the referendum including the importance of access to the EU market for the insurance industry.  BIBA would be working with all stakeholders to gauge opinion and form a Manifesto position for 2017.

Case Law

The committee discussed and reviewed the following cases –

Kennedy v Cordia Services – employer found negligent for case when carer, with inadequate footwear, slipped on snow when visiting a client’s house.

Campbell v Gordon – Appellant tried to sue Gordon who was the director of a joiners.  Appellant had suffered injury whilst using an electric saw, but the EL policy had an exclusion of use of woodworking equipment, so claim was unsuccessful to EL insurer.  Supreme Court held, narrowly, that director does not have a civil liability for arranging incorrect EL cover.


The committee were advised that the Department for Transport (DfT) were receiving Francovich claims as a result of the Vnuk case.  BIBA understand a DfT consultation will be issued soon.

BIBA have written directly to Lord Hill, the EU commissioner, and he is supportive of our position.


BIBA sit on the ELTO board and ELTO have raised the question as to whether they should consider creating an equivalent database for Public Liability.

The committee felt that there is an extra level of complexity, compared with EL, given the differing triggers in PL wordings.

BIBA will ask the ELTO Advisory Board the rationale behind this request

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