Insurance law. UK

Question 8 Learning Outcome 9 (20 marks) You are a claims handler for an insurance company and are dealing with two insurance claims as follows: m A claim by the next of kin following the death of an employee who was killed by a forklift truck during the course of their employment. The forklift truck was being operated in a non-designated area by a temporary member of staff, provided by an employment agency. A settlement payment for the death of the employee of 750,000 has been made under the Employers' Liability policy and a payment of 400,000 under a life policy. Claim Two A claim under a travel policy for bodily injury and damage to personal possessions. The claim occurred when the policyholder was on holiday abroad and went on a trip organised by a local travel provider. The insurer agreed the bodily injury claim but did not pay for the personal possessions, as they fell within the policy excess of 100. The policyholder's claim was settled for 15,000. The insurer pursued the local travel provider and due to uctuations in exchange rates received 18,000. The local travel provider was concerned about reputational damage and provided the policyholder with a free holiday worth 2,000. (a) Explain, with justication, the rights of recovery that are available for the payments made in Claim One above. Refer to one relevent case in support of your explanation. (10) (b) Discuss the implications of the various types of payments made in Claim Two above. Refer to one case in support of your discussion