||All England Reporter
|| All ER (D) 156 (May)
|| UKPC 22
Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath and Lord Hodge
||Stanley Marcus SC (instructed by Temple Vale & Law Solicitors) for the appellant.
||Christopher Dunkley, Russell Huggins and Cherisse Huggins (instructed by Blake Morgan LLP) for MGI.
||18 May 2015
Trinidad and Tobago - Fatal accident - Motor insurance - PB being killed in motor vehicle accident while passenger in maxi-taxi driven by RG - Appellant administratrix of PB's estate commencing action against RG and notifying respondent insurer (MGI) - Appellant obtaining judgment against RG - Appellant raising action against MGI - MGI pleading already paying out maximum $1m to third parties with claims arising out of accident and discharging its contractual liabilities - Appellant being granted summary judgment - Court of Appeal of Republic of Trinidad and Tobago allowing MGI's appeal - Whether, in such circumstances and under relevant legislation, insurance company being required to devise scheme for proportionate payment of claims - Motor Vehicles Insurance (Third-Party Risks) Act, ss 4(2)(f), 10.
Trinidad and Tobago Fatal accident. PB was killed in a motor vehicle accident. The appellant administratrix of her estate obtained judgment against the driver. The appellant raised an action against the respondent insurer, which pleaded that it had already paid out the maximum $1m to third parties with claims arising out of the accident and had discharged its contractual liabilities. The appellant was granted summary judgment, but the Court of Appeal of the Republic of Trinidad and Tobago allowed the respondent's appeal. The Privy Council, in dismissing the appellant's appeal, held that s10 of the Motor Vehicles Insurance (Third-Party Risks) Act (Ch 48:51) contained no provision authorising the insurer to delay paying a claim established against its insured in order to enable other claimants to catch up so as to allow the rateable payment of multiple claimants on a limited insurance fund.
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