AMEY PROPERTIES LTD. v. CORNHILL INSURANCE PLC.

[1996] LRLR 259

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Mr. Justice TUCKER:

Insurance (Public Liability) - Indemnity - Negligence - Plaintiff constructing new runway - Plaintiff liable for collision between U.S. aircraft and plaintiff’s tractor - Plaintiff claimed indemnity - Whether plaintiff negligent in failing to maintain tractor in efficient and roadworthy condition - Whether defendants had to establish recklessness on part of plaintiff.