By Reason of or in Pursuance of a Contract of Employment (Motor Insurance)

A passenger would be carried “by reason of” his contract of employment if he is allowed by the employer to travel in the vehicle as an aid to the work of if he is ordered by the employer to travel in the vehicle. On the other hand. If the contract of employment gives a right to the passenger to travel in the vehicle as a part of service conditions, the conveyance will “in pursuance of” the contract.

By way of business test

FSMA, s.22, specifies that a selling or administration activity is a regulated activity only if it is carried on ‘by way of business. In effect this means that the activity provides a direct financial benefit to the business. Financial benefit need not be in the form of money or a profit element. An employer who arranges health cover for his staff but receives no commission does not generally carry on insurance mediation by way of business.

Byelaw

The means whereby the Council of Lloyd’s under s.6 of Lloyd’s Act 1982 lays down the rules of the Lloyd’s community. The term extends to any direction, regulation or other instrument (including any regulation ratified by the Council by special resolution) and any associated condition or requirement. Lloyd’s is expected to give the FSA adequate notice of all proposed byelaw changes affecting supervision and regulation of the Lloyd’s market. The FSA also requires copies of regulatory and market bulletins and all byelaw amendments as soon as they are published. See LLOYD’S MARKET CONDUCT.