Mapfre Mutualidad Compania De Seguros Y Reaseguros SA & Anorv Keefe

Mapfre Mutualidad Compania De Seguros Y Reaseguros SA & Anorv Keefe

Article 11(3) of the Brussels I Regulation confers jurisdiction on the English court to join a foreign-domiciled insured tortfeasor to direct proceedings against its insurer where the law governing the direct action (here, Spanish law) permits such joinder, regardless of whether there is a policy dispute, and irrespective of the claim being for the uninsured excess; the Regulation's purpose is to protect the injured party and avoid irreconcilable judgments, and the English court must exercise jurisdiction where conferred by the Regulation.

Parties
Claimant/respondent: Godfrey Keefe; First Defendant: Mapfre Mutualidad Compania De Seguros Y Reaseguros SA; Second Defendant/appellant: Hoteles Piñero Canarias SL
Jurisdiction
England and Wales
Judgment Date
17 June 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under Brussels I Regulation, Direct Actions Against Insurers, Joinder of Parties, Conflict of Laws, Assessment of Damages, Forum Shopping
Private International Law Insurance Law Civil Procedure Jurisdiction Under Brussels I Regulation Direct Actions Against Insurers Joinder of Parties Conflict of Laws Assessment of Damages +1 more

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Parties

Godfrey Keefe

Claimant/respondent

Mapfre Mutualidad Compania De Seguros Y Reaseguros SA

First Defendant

Hoteles Piñero Canarias SL

Second Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Article 11(3) of Council Regulation (EC) No. 44/2001 (Brussels I) permits joinder of a foreign-domiciled insured tortfeasor to direct proceedings against its foreign-domiciled insurer in the English court
  2. 2 Whether the claim against the insured is a 'matter relating to insurance' under the Regulation
  3. 3 Which national law determines if a direct action against the insurer is permitted and if the insured may be joined

Ratio Decidendi

Article 11(3) of the Brussels I Regulation confers jurisdiction on the English court to join a foreign-domiciled insured tortfeasor to direct proceedings against its insurer where the law governing the direct action (here, Spanish law) permits such joinder, regardless of whether there is a policy dispute, and irrespective of the claim being for the uninsured excess; the Regulation's purpose is to protect the injured party and avoid irreconcilable judgments, and the English court must exercise jurisdiction where conferred by the Regulation.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Second Defendant is dismissed.
  • The English court has jurisdiction over the Second Defendant under Article 11(3) of the Brussels I Regulation.