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When is an Insured Vehicle an Uninsured Vehicle?

Marson, James; Ferris, Katy

When is an Insured Vehicle an Uninsured Vehicle? Thumbnail


Authors

James Marson

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KATY FERRIS Katy.Ferris@nottingham.ac.uk
Associate Professor



Abstract

In Colley v Motor Insurers’ Bureau the Motor Insurers’ Bureau appealled against liability to satisfy a claim for damages for injuries suffered by a passenger in a motor vehicle accident. The driver was uninsured, but at the time of the accident the vehicle in which the victim was travelling was subject to a policy of motor insurance. By operation of national law, and in breach of the Motor Vehicle Insurance Directive (MVID), the insurer was allowed to recant the policy and leave the passenger a victim of an, ostensibly, uninsured vehicle. This note explains why the decision of the Court of Appeal was fundamentally flawed, how the Court continues to apply EU law incorrectly, and broader concerns the case presents for remaining EU law claims in the appeal courts. This is particularly the case for retained EU laws and the cases remaining to be heard under the MVID's application in national courts.

Journal Article Type Article
Acceptance Date Jul 26, 2022
Online Publication Date Sep 1, 2022
Publication Date 2023-03
Deposit Date Oct 11, 2022
Publicly Available Date Mar 2, 2023
Print ISSN 0026-7961
Electronic ISSN 1468-2230
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 86
Issue 2
Pages 551-563
DOI https://doi.org/10.1111/1468-2230.12762
Keywords Motor Insurers' Bureau; motor vehicle insurance; Motor Vehicle Insurance Directives; the obligation to insure; Road Traffic Act 1988
Public URL https://nottingham-repository.worktribe.com/output/12321659
Publisher URL https://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12762

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