Bristol Alliance Ltd v Williams & Anor

Bristol Alliance Ltd v Williams & Anor

The claimant is entitled to recover from the motor insurer under section 151 of the Road Traffic Act 1988, even if the damage was caused by a deliberate act excluded by the policy, because statutory compulsory insurance and EU law require third-party victims to be compensated regardless of such exclusions.

Parties
Claimant: Bristol Alliance Limited Partnership; First Defendant: James Williams; Second Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
Claimant entitled to recover from Second Defendant (motor insurer) even if damage was caused by deliberate act excluded by policy.
Legal Topics
Motor Insurance Liability, Third Party Rights, Deliberate Acts Exclusion, Subrogation, EU Motor Insurance Directives
Insurance Law Tort Law Statutory Interpretation Motor Insurance Liability Third Party Rights Deliberate Acts Exclusion Subrogation EU Motor Insurance Directives

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Parties

Bristol Alliance Limited Partnership

Claimant

James Williams

First Defendant

EUI Limited

Second Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant is entitled to recover from the motor insurer even if the damage was caused by a deliberate act by the insured driver and such acts are excluded under the policy
  2. 2 Whether section 151 of the Road Traffic Act 1988 obliges the insurer to satisfy the judgment in these circumstances
  3. 3 Whether exclusions for deliberate acts are valid against third-party claims under English and EU law

Ratio Decidendi

The claimant is entitled to recover from the motor insurer under section 151 of the Road Traffic Act 1988, even if the damage was caused by a deliberate act excluded by the policy, because statutory compulsory insurance and EU law require third-party victims to be compensated regardless of such exclusions.

Court Disposition

Claimant entitled to recover from Second Defendant (motor insurer) even if damage was caused by deliberate act excluded by policy.

Orders

  • Answer to preliminary issue: affirmative; claimant may recover from motor insurer under section 151 of the Road Traffic Act 1988.