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

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

The claimant had every reason to believe the van was unlawfully taken, as he knew the driver was not permitted, did not have a full licence, and was not authorised by the owner. Therefore, the insurer is not required to indemnify the first defendant under section 151(4) of the Road Traffic Act 1988.

Citation
[2006] EWHC 827
Parties
Claimant: Andrew George Scott McMinn (a patient suing by his 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 Claim (preliminary Issue) / Judgment on Preliminary Issue
Outcome
Declaration for the insurer; insurer not required to indemnify first defendant for claimant's injuries under section 151(4) of the Road Traffic Act 1988.
Legal Topics
Motor Insurance Liability, Excluded Liability Under Road Traffic Act 1988 S.151(4), Knowledge or Reason to Believe Vehicle Unlawfully Taken, Personal Injury Compensation, Interpretation of Statutory Exceptions
Insurance Law Tort Law Motor Vehicle Law Motor Insurance Liability Excluded Liability Under Road Traffic Act 1988 S.151(4) Knowledge or Reason to Believe Vehicle Unlawfully Taken Personal Injury Compensation Interpretation of Statutory Exceptions

Case Brief

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Parties

Andrew George Scott McMinn (a patient suing by his litigation friend Alison McMinn)

Claimant

Iain McMinn

First Defendant

Aioi Insurance Company of Europe Limited

Second Defendant

Procedural Posture

Personal Injury Claim (preliminary Issue) / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the insurer is required to indemnify the first defendant for liability to the claimant under section 151 of the Road Traffic Act 1988
  2. 2 Whether the claimant knew or had reason to believe the vehicle was unlawfully taken, making the liability 'excluded' under section 151(4)

Ratio Decidendi

The claimant had every reason to believe the van was unlawfully taken, as he knew the driver was not permitted, did not have a full licence, and was not authorised by the owner. Therefore, the insurer is not required to indemnify the first defendant under section 151(4) of the Road Traffic Act 1988.

Court Disposition

Declaration for the insurer; insurer not required to indemnify first defendant for claimant's injuries under section 151(4) of the Road Traffic Act 1988.

Orders

  • If parties cannot agree costs within 14 days, refer to judge for decision on written representations.
  • Application for permission to appeal to be notified within 7 days if sought.