Churchill Insurance v Charlton [2001] EWCA Civ 112 (2 February 2001)

Churchill Insurance v Charlton [2001] EWCA Civ 112 (2 February 2001)

Public policy and the correct construction of the insurance contract preclude indemnity to the insured for liability arising from his own deliberate criminal act. As the incident occurred off the road, statutory provisions requiring insurers to satisfy judgments do not apply, and the claimant, as assignee, cannot...

Source-derived case information.

Citation
[2001] EWCA Civ 112
Parties
Appellant/second Defendant: Churchill Insurance; Respondent/claimant: Charlton (Mrs Jean Charlton); First Defendant: Sheridan Fisher
Jurisdiction
England and Wales
Judgment Date
02 February 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal allowed. Declaration granted that the insurer is not obliged to indemnify the insured or discharge his liability to the claimant.
Legal Topics
Motor Insurance Indemnity, Deliberate Acts and Insurance Coverage, Public Policy in Insurance, Interpretation of 'accident' in Insurance Policies, Statutory Insurance Obligations, Third Party Rights Against Insurers
Insurance Law Tort Law Motor Vehicle Law Motor Insurance Indemnity Deliberate Acts and Insurance Coverage Public Policy in Insurance Interpretation of 'accident' in Insurance Policies Statutory Insurance Obligations +1 more

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Summary, issues, holding and outcome

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Parties

Churchill Insurance

Appellant/second Defendant

Charlton (Mrs Jean Charlton)

Respondent/claimant

Sheridan Fisher

First Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether an insurer is obliged to indemnify an insured for liability arising from the insured's own deliberate criminal act under a motor insurance policy
  2. 2 Whether the incident constituted an 'accident' within the meaning of the policy
  3. 3 Whether public policy precludes indemnity for deliberate criminal acts

Ratio Decidendi

Public policy and the correct construction of the insurance contract preclude indemnity to the insured for liability arising from his own deliberate criminal act. As the incident occurred off the road, statutory provisions requiring insurers to satisfy judgments do not apply, and the claimant, as assignee, cannot recover more than the insured could. The insurer is not obliged to indemnify the insured or discharge his liability to the claimant.

Court Disposition

Appeal allowed. Declaration granted that the insurer is not obliged to indemnify the insured or discharge his liability to the claimant.

Orders

  • Declaration that Churchill Insurance is not obliged to indemnify the First Defendant or discharge his liability to the Claimant.
  • Costs to be determined following submissions.