The High Court has allowed Zurich Insurance plc to be joined as a third party in a personal injuries action brought by farmer John Haughton against Quinns of Baltinglass Ltd. The order allows the company to issue and serve a third-party notice. It does not determine liability for the alleged accident or whether Zurich must provide cover.
Mr Justice Max Barrett made the order on 1 October 2018. Mr Haughton’s action concerns an accident he says happened at the defendant’s agri-store premises in Athy, Co Kildare, on 21 July 2015. He alleges that a hydraulically controlled bucket on a Manitou Maniscopic Loader closed and crushed his left arm while he was there to buy cattle feed. The defendant denies liability, according to the judgment.
The defendant said that, if it were found liable, Zurich should meet any liability under a Commercial Motor Fleet Insurance Policy. It sought to bring Zurich into the proceedings to pursue contribution or indemnity, and to have issues concerning the policy and the EU Court of Justice’s decision in Vnuk determined in the same case. The judgment records that the defendant had written to Zurich seeking an indemnity in February 2018 and had received no reply by 5 April, when the grounding affidavit was sworn.
The court found a sufficient basis under Order 16 of the Rules of the Superior Courts to join Zurich. It said the defendant’s proposed claim could fall within the rules on contribution or indemnity, or on related relief, and that the Vnuk issue was connected to Mr Haughton’s claim and could conveniently be determined in the proceedings.
The ruling concerns procedure only. The court granted the requested orders to join Zurich and permit service of a third-party notice. It made no finding on how the accident occurred, the merits of Mr Haughton’s injury claim, the interpretation or application of the insurance policy, or any obligation on Zurich to pay.