Black cab passengers are not insured against rape in taxis, judge rules Passengers who are raped in black cabs are not entitled to compensation because sexual assault is not covered in a taxi's insurance policy, a judge ruled today.
The judgement came as victims of John Worboys, the taxi driver who became known as the notorious "black-cab rapist", lost a battle for damages against his motor insurer today.
Ten women had asked a High Court judge in London to rule in their favour in a landmark action relating to the liability of motor insurers over their injuries.
In his ruling today, Mr Justice Silber found that the bodily injuries suffered by the women did not arise out of the use of Worboys' vehicle on a road or other public place within the meaning of the 1988 Act.
The judge said: "It is clear that the fact of the location of the offences of administering the sedatives and of committing or attempting the sexual assaults occurred in Worboys' taxi, but that is not conclusive or by itself of any real potency.
"They did not arise out of the use of the taxi on a road."
John Worboys, 54, was jailed indefinitely in 2009 after being convicted at Croydon Crown Court of drugging and sexually assaulting women while working as a licensed London taxi driver.
To each victim, he spun a lie about how he had won thousands of pounds on the lottery or at the casino and invited them to toast his success with a glass of champagne.
Many accepted, not realising that Worboys had spiked their drinks with sedatives.
Mr Justice Silber dismissed applications brought against Inceptum Insurance Company Limited, formerly known as HSBC Insurance (UK) Limited, on a preliminary issue of it was liable to pay damages because Worboys' crimes were committed in his insured taxi.
None of the victims were in court to hear the judgment delivered. The £150,000 in legal costs will be met by the victims' insurers.
The judge expressed the "greatest sympathy" for the women "in the light of the horrifying experiences that they suffered at the hands of Worboys", but said his duty was to "follow the appropriate legal principles".
The women had asked the judge for a declaration that "upon the claimant obtaining a judgment against Mr Worboys for damages and interest and/or costs in respect of the matters complained of", the insurers were "liable to pay to the claimant such judgment sum together with any interest due thereon".
During the hearing of the action in April, Edwin Glasgow QC, for the passengers, told the court: "The fundamental issue in these cases is whether personal injuries caused by a taxi driver's assaults on a passenger, during the course of a journey, were 'caused by or arose out of the use of a vehicle on a road' for the purposes of compulsory insurance as required by the Road Traffic Act 1988."
Mr Glasgow said the key to resolving that issue was "the role that the taxi and the taxi driver played in the events which occurred".
http://www.telegraph.co.uk/news/uknews/ ... ules.html#
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or maybe his wife ???