Keeley v Pashen & Anor [2004] EWCA Civ 1491 (10 November 2004)

Keeley v Pashen & Anor [2004] EWCA Civ 1491 (10 November 2004)

After the passengers left, the essential character of the insured's journey was to drive home, which was a purpose covered by the policy. The deviation to frighten the men was incidental and did not alter the essential character of the journey. Therefore, the insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy the judgment.

Citation
[2004] EWCA Civ 1491
Parties
Claimant/appellant: Maria Kim Keeley (Widow of Terence Noel James Keeley deceased); 1st Defendant: Edward George Pashen; 2nd Defendant/respondent: Wren Motor Syndicate 1202 at Lloyd's
Jurisdiction
England and Wales
Judgment Date
10 November 2004
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed, cross-appeal dismissed
Legal Topics
Motor Insurance Coverage, Third Party Liability, Interpretation of Insurance Policy Terms, Statutory Compulsory Insurance, Section 151 Road Traffic Act 1988
Insurance Law Tort Law Motor Vehicle Law Motor Insurance Coverage Third Party Liability Interpretation of Insurance Policy Terms Statutory Compulsory Insurance Section 151 Road Traffic Act 1988

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Parties

Maria Kim Keeley (Widow of Terence Noel James Keeley deceased)

Claimant/appellant

Edward George Pashen

1st Defendant

Wren Motor Syndicate 1202 at Lloyd's

2nd Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy the judgment against the insured driver
  2. 2 Whether the use of the vehicle at the material time was covered by the policy (social, domestic and pleasure purposes)
  3. 3 Whether the use of the vehicle was for hire or reward at the material time

Ratio Decidendi

After the passengers left, the essential character of the insured's journey was to drive home, which was a purpose covered by the policy. The deviation to frighten the men was incidental and did not alter the essential character of the journey. Therefore, the insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy the judgment.

Court Disposition

Appeal allowed, cross-appeal dismissed

Orders

  • Insurer liable to satisfy the judgment under section 151 of the Road Traffic Act 1988