Source: All England Reporter
Publisher Citation: [2012] All ER (D) 120 (Oct)
Neutral Citation: [2012] EWCA Civ 1267
Court: Court of Appeal, Civil Division
Judge:

Ward, McFarlane LJJ and Dame Janet Smith

Representation John Ross QC and Laura Johnson (instructed by Reynolds Porter Chamberlain LLP) for the claimant.
  Howard Palmer QC and Marie Louise Kinsler (instructed by Cordner Lewis, Cardiff) for the defendant.
Judgment Dates: 11 October 2012

Catchwords

Motor insurance - Compulsory insurance against third party risks - Liabilities required to be covered - Insured motorist deliberately driving car into building - Property insurer bringing subrogated claim against motorist and his insurer - Motorist's insurer contending policy not covering deliberate acts - Preliminary ruling finding motor insurer liable - Motor insurer appealing - Whether motor insurer liable for deliberate acts of driver where deliberate damage excluded from policy of insurance - , .

The Case

Motor insurance Compulsory insurance against third party risks. The Court of Appeal, Civil Division, heard the defendant motor insurer's appeal against a preliminary ruling that the motor insurer was liable to the claimant owner of a shopping precinct damaged by an insured driver where the driver had deliberately driven into the building and the policy of insurance had specifically excluded deliberate damage. The appeal was allowed, as the damage had been excluded under the insurance policy. The property owner could not seek compensation under the Motors Insurers Bureau scheme because it had claimed on its own property insurance policy and those insurers had brought a subrogated claim against the driver.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.