Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Trident Insurance v McNiece

327 words (1 pages) Case Summary

21st Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Trident General Insurance Co Ltd v McNiece Bros (1988) 165 CLR 107

Contract – Insurance – Public liability – Indemnity to insured and its contractors – Entitlement to indemnity


McNiece was the main construction contractor for work being carried out at a limestone plant named Blue Circle. Blue Circle entered into a contract with Trident, an insurer. The policy covered work defects and public liability amongst other things. Under the insurance contract, Blue Circle, “the assured” was defined as including “all related companies, contractors and sub-contractors”. Insurance for public liability did not include “any claim arising under any Workmen's Compensation Law”. A worker, contracted to McNiece by an employment company, was seriously injured while driving a crane on sight. McNiece commenced action against Trident for indemnity.


Whether McNiece was one of the “assured” parties under the insurance contract between Blue Circle and Trident.


The appeal by Trident was dismissed. It was found that even though McNiece was a third party, the wording of the contract it expressly referred to coverage of contractors and sub-contractors under the policy. Further, as a matter of business efficacy the policy was intended to cover any contractor working for Blue Circle at the time of any claim. The fact that Blue Circle were the only party to the contract and the only party liable for the insurance premium did not negate cover. Even though McNiece was a third party, they were determined to be entitled to indemnity in respect of a claim of negligence by their injured sub-contractor. The court effectively created an exception to the doctrine of privity of contract and the requirement that consideration should move from the promisee. 

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles