Bristol Alliance Ltd v Williams & Anor [2011] EWHC 1657 (QB) (01 July 2011)

Bristol Alliance Ltd v Williams & Anor [2011] EWHC 1657 (QB) (01 July 2011)

The insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy a judgment for property damage caused by the insured's deliberate act, even where the policy excludes deliberate acts, because the statutory scheme and EU law require protection of third-party victims, and such exclusions are ineffective against third parties.

Citation
[2011] EWHC 1657 (QB)
Parties
Claimant: Bristol Alliance Limited Partnership; First Defendant: James Williams; Second Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Civil (insurance/subrogation) / Preliminary Issue Determination in High Court (queen's Bench Division)
Outcome
Claimant entitled to recover from Second Defendant (insurer) even if damage was caused deliberately by First Defendant and policy excludes deliberate acts.
Legal Topics
Motor Insurance, Subrogation, Third Party Liability, Deliberate Acts Exclusion, Direct Action Against Insurer, Interpretation of Road Traffic Act 1988, Implementation of EU Motor Insurance Directives
Insurance Law Tort Law Statutory Interpretation European Union Law Motor Insurance Subrogation Third Party Liability Deliberate Acts Exclusion +3 more

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Parties

Bristol Alliance Limited Partnership

Claimant

James Williams

First Defendant

EUI Limited

Second Defendant

Procedural Posture

Civil (insurance/subrogation) / Preliminary Issue Determination in High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether a motor insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy a judgment for property damage caused by the insured's deliberate act, where the policy excludes deliberate acts and the claim is brought by subrogated property insurers.

Ratio Decidendi

The insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy a judgment for property damage caused by the insured's deliberate act, even where the policy excludes deliberate acts, because the statutory scheme and EU law require protection of third-party victims, and such exclusions are ineffective against third parties.

Court Disposition

Claimant entitled to recover from Second Defendant (insurer) even if damage was caused deliberately by First Defendant and policy excludes deliberate acts.

Orders

  • Preliminary issue answered in the affirmative: insurer liable under section 151 RTA 1988 to satisfy judgment for property damage caused by deliberate act.