Tasker v Munro

Tasker v Munro involved a plaintiff who suffered injuries after diving from a houseboat into shallow water. The plaintiff brought proceedings against the owner of the houseboat, Munro, who was impecunious. Tasker subsequently filed a motion to join the houseboat's insurers as additional defendants in the action. The court was tasked with determining whether leave should be granted for the plaintiff to join the insurers as defendants, and if so, which of the proposed insurers should be joined.

The court considered whether the plaintiff had an arguable claim against the proposed second defendant, the home and contents insurer, and whether the policy would respond to the claim. It assessed whether the incident occurred at a location covered by the policy and whether there was a failure to warn of an obvious risk. The court also examined the exclusion clause in the policy related to the use of watercraft and whether the houseboat was considered a watercraft under the policy. Regarding the proposed third defendant, the business insurer, the court examined whether the houseboat was covered under the policy, if the plaintiff's injuries were connected to the sand extraction business, and the exclusion for watercraft exceeding 10 metres in length.

The court found that leave to join the insurers as defendants should not be granted. The home and contents insurer's policy did not respond to the plaintiff’s claim as the incident occurred away from the home or site covered by the policy. Additionally, the houseboat was considered a watercraft, triggering an exclusion in the policy. As for the business insurer, the policy did not cover the houseboat, and the plaintiff’s injuries were not connected to the sand extraction business. Furthermore, the exclusion for watercraft exceeding 10 metres in length applied as the houseboat was over 10 metres. Consequently, the motion to join the insurers as defendants was dismissed.

The court ordered that the plaintiff’s motion to join the insurers as defendants was to be dismissed with no orders as to costs.