McMinn v McMinn & Anor

McMinn v McMinn & Anor

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

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
Civil Personal Injury / Judgment on Preliminary Issue
Outcome
Insurer not liable to indemnify; liability excluded under section 151(4)
Legal Topics
Motor Insurance Liability, Excluded Liability Under Road Traffic Act, Passenger Knowledge of Unlawful Taking, Personal Injury Compensation
Insurance Law Tort Law Motor Vehicle Law Motor Insurance Liability Excluded Liability Under Road Traffic Act Passenger Knowledge of Unlawful Taking Personal Injury Compensation

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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

Civil Personal Injury / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the insurer is liable to indemnify the driver for injuries 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 reason to believe the van was unlawfully taken, as he knew or should have known the driver was not authorised and did not have a full licence. Therefore, the insurer is not required to indemnify the driver under section 151(4) of the Road Traffic Act 1988.

Court Disposition

Insurer not liable to indemnify; liability excluded under section 151(4)

Orders

  • Declaration that Iain McMinn’s liability for Andrew’s injuries is an excluded liability under section 151(4) of the Road Traffic Act 1988 and the insurer is not required to indemnify.
  • Costs to be agreed within 14 days or referred to the judge for determination without a hearing.