Wigley-Foster v Wilson & Anor

Wigley-Foster v Wilson & Anor

The claimant's right to notify and pursue a claim against the MIB accrued when the insurer's claims representative failed to provide a reasoned reply within three months, and this right is not extinguished by the insurer's subsequent insolvency; the MIB is liable to compensate under regulations 11 and 12 in both scenarios posed by the revised preliminary issue.

Parties
Claimant/appellant: Jade Wigley-Foster; 1st Defendant: Natasha Wilson; 2nd Defendant/respondent: Motor Insurers' Bureau (MIB)
Jurisdiction
England and Wales
Judgment Date
16 May 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Motor Insurance Directive, Compensation Body Liability, Insurer Insolvency, Cross Border Road Traffic Accidents
Insurance Law European Union Law Personal Injury Motor Insurance Directive Compensation Body Liability Insurer Insolvency Cross Border Road Traffic Accidents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Jade Wigley-Foster

Claimant/appellant

Natasha Wilson

1st Defendant

Motor Insurers' Bureau (MIB)

2nd Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether MIB is liable to compensate the claimant under the Motor Vehicles (Compulsory Insurance and Compensation Body) Regulations 2003 following the failure by the insurer or its UK claims representative to provide a reasoned reply in time and subsequent insolvency of the insurer.

Ratio Decidendi

The claimant's right to notify and pursue a claim against the MIB accrued when the insurer's claims representative failed to provide a reasoned reply within three months, and this right is not extinguished by the insurer's subsequent insolvency; the MIB is liable to compensate under regulations 11 and 12 in both scenarios posed by the revised preliminary issue.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The MIB is liable to compensate the claimant under regulations 11 and 12 of the Motor Vehicles (Compulsory Insurance and Compensation Body) Regulations 2003 in both scenarios posed by the revised preliminary issue.