Wigley-Foster v Wilson & Anor [2016] EWCA Civ 454 (16 May 2016)

Wigley-Foster v Wilson & Anor [2016] EWCA Civ 454 (16 May 2016)

The right to claim against the MIB under regulations 11 and 12 of the 2003 Regulations accrues when the insurer or its claims representative fails to provide a reasoned reply within three months of the claim, and this right is not extinguished by the subsequent insolvency or loss of authorisation of the insurer.

Citation
[2016] EWCA Civ 454
Parties
Claimant/appellant: Jade Wigley-Foster; 1st Defendant: Natasha Wilson; 2nd Defendant/respondent: The Motor Insurers Bureau (MIB)
Jurisdiction
England and Wales
Judgment Date
16 May 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Motor Insurance Directives, Compensation Body Liability, Insolvency of Insurer, Cross Border Road Traffic Accidents
Insurance Law European Union Law Personal Injury Motor Insurance Directives Compensation Body Liability Insolvency of Insurer Cross Border Road Traffic Accidents

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Parties

Jade Wigley-Foster

Claimant/appellant

Natasha Wilson

1st Defendant

The Motor Insurers Bureau (MIB)

2nd Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the MIB is liable to compensate the claimant under regulations 11 and 12 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 following the failure by the insurer or its UK claims representative to provide a reasoned reply in time, in circumstances where the insurer subsequently became insolvent or was already insolvent at the time of claim presentation.

Ratio Decidendi

The right to claim against the MIB under regulations 11 and 12 of the 2003 Regulations accrues when the insurer or its claims representative fails to provide a reasoned reply within three months of the claim, and this right is not extinguished by the subsequent insolvency or loss of authorisation of the insurer.

Court Disposition

Appeal allowed

Orders

  • The revised preliminary issue is answered affirmatively in respect of both paragraphs (a) and (b): the MIB is liable to compensate the claimant under regulations 11 and 12 in the circumstances described.