"Can’t see how this could be improved; Nicholas Bevan is an excellent speaker"
The ECJ’s latest ruling in Fidelidade-Companhia de Seguros v Caisse Suisse de Compensation (Case C-287/16) has profound implications for claimants and defendant motor insurers alike.
This is equally significant and disruptive as the European Court of Justice’s ruling in Damijan Vnuk in 2014.
It’s most obvious impact is on section 152 Road Traffic Act 1988 which motor insurers have increasingly invoked to escape their contractual and statutory liability to compensate third party victims. It empowers a court to declare motor policies to be void from the outset where there has been misrepresentation or non-disclosure of a material fact.
Fidelidade-Companhia changes all of that!
It affects the ability of defendant insurers to exploit section 152(2) to avoid European regulation and to circumvent their statutory liability to accident victims – forcing victims to resort to the less generous terms of the MIB Uninsured Drivers Agreement.
This webinar will cover:
- A basic overview of sections 151 and 152 Road Traffic Act 1988
- The case facts and ratio of Fidelidade-Companhia
- The implications:
- Are section 152(2) declarations obsolete?
- Does a policyholder’s fraud have any impact on cover?
- How does this affect an insurer’s statutory liability under section 151?
- Practical insights: how claimants can respond proportionately when insurers claim to be acting as ‘Article 75 insurers’; how insurers are likely to react
- The wider implications: how many leading UK authorities are now bad law?
- The anticipated effect of Brexit?
- More EU law disrupters in the pipe line