Trouble with the Uninsured Drivers Agreement - Paul Williams, Greenwoods Solicitors
15/06/14. In the case of Delaney v The Secretary of State for Transport [2014] EWHC 1785 (QB) the court held that clause 6(1)(e)(iii) of the Uninsured Drivers' Agreement 1999 (the Agreement), the so-called "crime exception", is incompatible with the EC Motor Insurance Directives.
The question therefore arises as to what the consequences are for insurers who reduce their status to Article 75 insurer and who are faced with a claim from a passenger within a vehicle; and where that vehicle was being used in the course or furtherance of a crime?
Where an insurer is able to show that its insured has misrepresented or withheld material information when purchasing the policy of insurance, then that insurer may be able to obtain a declaration voiding the policy of insurance ab initio(per s152(2) of the Road Traffic Act 1988).
Whilst such a declaration has the effect of avoiding the insurer’s liability under the provisions of the Road Traffic Act 1988...
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