References: [2004] EWCA Civ 1491, Times 17-Nov-2004, [2005] 1 WLR 1226
Links: Bailii
Coram: Lord Justice Brooke Lord Justice Keene Lord Justice Parker The Vice President Of The Court Of Appeal (Civil Division)
Ratio:The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social domestic or pleasure purposes.
Held: The court should look to the essential character of the journey. The incident took place after he had finished his last fare of the evening. At that time he was merely returning home and driving within the terms of the policy.
Statutes: Road Traffic Act 1988 151
This case cites:
- Cited – Gardner -v- Moore HL ([1984] AC 548)
The uninsured first defendant deliberately drove a car at the plaintiff who was walking on the pavement, and thus caused serious injuries. The MIB accepted that the trial judge was bound by Hardy to declare that the Bureau was bound to indemnify the . . - Cited – Hardy -v- Motor Insurers’ Bureau CA ([1964] 2 QB 745, [1964] 2 All ER 742)
The court was asked whether insurance pursuant to the Road Traffic Act 1960 would provide valid cover for the benefit of a third party injured by deliberately criminal conduct on the part of the driver.
Held: Diplock LJ said: ‘The rule of law . . - Cited – Seddon -v- Binions CA ([1978] 1 Lloyd’s Rep 381)
The Court gave guidance on the proper method of interpreting a term of a motor insurance policy which defines the limitations of use subject to which the policy provides cover. Roskill LJ: ‘Inevitably, where one has a phrase such as ‘social, . . - Cited – Caple -v- Sewell and others CA (Bailii, [2001] EWCA Civ 1848, [2002] Lloyds IR Rep 626)
. . - Cited – Beresford -v- Royal Insurance Co Ltd HL ([1938] AC 586, [1938] 2 All ER 602)
The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act, however clearly the wording of the policy may . .
(This list may be incomplete)
Last Update: 14-Jun-16
Ref: 219335