ERS SYNDICATE 218 AT LLOYD'S V MOTORSHIFTER LTD AND ANOTHER

[2023] EWHC 342 (Comm), King's Bench Division, Commercial Court, Adrian Beltrami KC, 22 February 2023

Insurance (motor) – Policy schedule insuring only vehicles driven under trade plates for business purposes – Policy certificate covering all uses – Vehicle driven by assured's employee for private purposes – Whether priority to be given to schedule over certificate

Motorshifter's business was transporting vehicles on behalf of its customers. It employed a number of drivers, including W. Motorshifter was insured by ERS under a policy the schedule to which provided insurance for the use of 20 trade plates and was limited to "business use". The certificate of insurance referred to "Any private car or commercial vehicle the property of the policyholder or in their custody or control including any motor vehicle bearing a trade plate number owned by the policyholder". Permitted uses were "social, domestic and pleasure purposes and for the business of the policyholder". ERS denied liability under the policy.