Keeley v Pashen & Anor

After the fare-paying passengers left, the essential character of the journey was to drive home, a purpose covered by the policy. The deviation to frighten the men did not alter the essential character. Therefore, the insurer is liable under section 151 of the Road Traffic Act 1988.

Parties: Claimant/appellant: Maria Kim Keeley; 1st Defendant: Edward George Pashen; 2nd Defendant/respondent: Wren Motor Syndicate 1202 at Lloyd’s
Jurisdiction: England and Wales
Judgment Date: 10 November 2004
Procedural Posture: Civil Appeal / Appeal From Judgment on Preliminary Issue
Outcome: Appeal allowed, cross-appeal dismissed
Legal Topics: Motor Vehicle Insurance, Third Party Liability, Policy Limitations, Statutory Rights of Third Parties

Insurance Law Tort Law Statutory Interpretation Motor Vehicle Insurance Third Party Liability Policy Limitations Statutory Rights of Third Parties

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Maria Kim Keeley

Claimant/appellant

Edward George Pashen

1st Defendant

Wren Motor Syndicate 1202 at Lloyd’s

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Judgment on Preliminary Issue

Legal Issues

1 Whether the insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy the judgment against the insured
2 Whether the use of the vehicle at the material time was for a purpose covered by the insurance policy

Ratio Decidendi

Court Disposition

Appeal allowed, cross-appeal dismissed

Orders

Insurer liable to satisfy judgment under section 151 of the Road Traffic Act 1988
No order as to involvement of Motor Insurers’ Bureau