Gerard Mongan v Martin Mongan & The Motor Insurer's Bureau of Ireland (Approved) [2020] IEHC 262 (29 May 2020 )

Gerard Mongan v Martin Mongan & The Motor Insurer's Bureau of Ireland (Approved) [2020] IEHC 262 (29 May 2020 )

The court found, on the balance of probabilities, that the first defendant intentionally used his vehicle to strike the plaintiff, amounting to a deliberate attack. The court held that such intentional use does not constitute 'negligent use' within the meaning of s. 56(1) of the Road Traffic Act 1961. Accordingly, the MIBI is not liable under the MIBI Agreement for injuries caused by the intentional use of a vehicle as a weapon. The court distinguished the Irish statutory language from the broader UK provisions and found that, despite EU law's protective purpose, the Irish statutory scheme as enacted does not extend to intentional acts of this nature.

Citation
[2020] IEHC 262
Parties
Plaintiff: Gerard Mongan; First Defendant: Martin Mongan; Second Defendant: Motor Insurers' Bureau of Ireland (MIBI)
Jurisdiction
Ireland
Procedural Posture
Circuit Appeal / Judgment on Appeal From Circuit Court
Outcome
Appeal allowed; judgment for the MIBI
Legal Topics
Motor Insurance Liability, Intentional Torts and Negligence, Interpretation of Statutory Insurance Requirements, EU Motor Insurance Directives, Public Policy in Insurance Claims
Insurance Law Tort Law European Union Law Motor Insurance Liability Intentional Torts and Negligence Interpretation of Statutory Insurance Requirements EU Motor Insurance Directives Public Policy in Insurance Claims

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Parties

Gerard Mongan

Plaintiff

Martin Mongan

First Defendant

Motor Insurers' Bureau of Ireland (MIBI)

Second Defendant

Procedural Posture

Circuit Appeal / Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the MIBI is liable for injuries caused by an uninsured driver who intentionally used a vehicle as a weapon to injure the plaintiff
  2. 2 Whether 'negligent use' in s. 56(1) of the Road Traffic Act 1961 includes intentional acts
  3. 3 Whether Irish law and the MIBI Agreement comply with the requirements of the EU Motor Insurance Directives

Ratio Decidendi

The court found, on the balance of probabilities, that the first defendant intentionally used his vehicle to strike the plaintiff, amounting to a deliberate attack. The court held that such intentional use does not constitute 'negligent use' within the meaning of s. 56(1) of the Road Traffic Act 1961. Accordingly, the MIBI is not liable under the MIBI Agreement for injuries caused by the intentional use of a vehicle as a weapon. The court distinguished the Irish statutory language from the broader UK provisions and found that, despite EU law's protective purpose, the Irish statutory scheme as enacted does not extend to intentional acts of this nature.

Court Disposition

Appeal allowed; judgment for the MIBI

Orders

  • The appeal of the MIBI is allowed.
  • The MIBI is not liable to indemnify the plaintiff for injuries caused by the intentional act of the first defendant.