GEOFF HILL v GENERALI BIZTOSITÓ ZRT

GEOFF HILL v GENERALI BIZTOSITÓ ZRT

A subrogated claim by an insurer can be brought in the name of the insured in the courts of the insured’s domicile together with the claim for uninsured losses, as the claim remains vested in the insured under English law and Article 11(1)(b) of the Recast Regulation allows the insured to sue in his domicile for both insured and uninsured losses.

Parties
Claimant / Appellant: Geoff Hill; Defendant / Respondent: Generali Biztositó Zrt
Jurisdiction
England and Wales
Judgment Date
14 December 2021
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Subrogation, EU Law, Direct Actions Against Insurers
Civil Procedure Insurance Law Private International Law Jurisdiction Subrogation EU Law Direct Actions Against Insurers

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Parties

Geoff Hill

Claimant / Appellant

Generali Biztositó Zrt

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether a subrogated claim by an insurer can be brought in the name of an English motorist in an English court together with his claim for uninsured losses against a Hungarian insurer for a pre-Brexit accident in Germany

Ratio Decidendi

A subrogated claim by an insurer can be brought in the name of the insured in the courts of the insured’s domicile together with the claim for uninsured losses, as the claim remains vested in the insured under English law and Article 11(1)(b) of the Recast Regulation allows the insured to sue in his domicile for both insured and uninsured losses.

Court Disposition

Appeal allowed

Orders

  • The English court has jurisdiction to hear both the insured and uninsured claims brought by Mr Hill against Generali Biztositó Zrt.
  • Stay on the subrogated claim is lifted.