McMinn v McMinn & Anor [2006] EWHC 827 (QB) (11 April 2006)

Claimant had reason to believe the vehicle was unlawfully taken as he knew the driver lacked authority and a full licence; insurer is not required to indemnify for injuries under section 151(4) of the Road Traffic Act 1988.

Citation: [2006] EWHC 827 (QB)
Parties: Claimant: Andrew George Scott McMinn; Litigation Friend: Alison McMinn; First Defendant: Iain McMinn; Second Defendant: Aioi Insurance Company of Europe Limited
Jurisdiction: England and Wales
Judgment Date: 11 April 2006
Procedural Posture: Personal Injury Preliminary Issue / Judgment on Preliminary Issue
Outcome: Declaration that insurer is not required to indemnify; liability is excluded under section 151(4)
Legal Topics: Motor Insurance Indemnity, Excluded Liability, Passenger Knowledge, Unlawful Taking of Vehicle

Insurance Law Personal Injury Road Traffic Motor Insurance Indemnity Excluded Liability Passenger Knowledge Unlawful Taking of Vehicle

Case Brief

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Parties

Andrew George Scott McMinn

Claimant

Alison McMinn

Litigation Friend

Iain McMinn

First Defendant

Aioi Insurance Company of Europe Limited

Second Defendant

Procedural Posture

Personal Injury Preliminary Issue / Judgment on Preliminary Issue

Legal Issues

1 Whether insurers are required to indemnify for injuries when vehicle was unlawfully taken
2 Whether claimant knew or had reason to believe vehicle was unlawfully taken

Ratio Decidendi

Court Disposition

Declaration that insurer is not required to indemnify; liability is excluded under section 151(4)

Orders

If parties cannot agree costs within 14 days, refer to judge for written determination.
Application for permission to appeal to be notified within 7 days.