Insurance Law Monthly

The Court of Justice of the European Union has, in joined cases Churchill Insurance Co Ltd v Wilkinson; Evans v Equity Claims Ltd Case C-442/10, 1 December 2011, upheld the view of the Court of Appeal that the effect of the Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/ EC and s151(8) of the Road Traffic Act 1988 is not to allow an insurer to deny liability where the assured himself suffers personal injury while being driven in his own vehicle by an uninsured driver.

The long-awaited result of consultation on the various Issues Papers issued by the English and Scottish Law Commissions was published on 20 December 2011. English Law Commission Consultation Paper 201 and Scottish Law Commission Consultation Paper 152 is a lengthy document which addresses five issues: Issues Paper 4, Insurable Interest, January 2008; Issues Paper 6, Damages for Late Payment and the Insurer’s Duty of Good Faith, March 2010; Issues Paper 7, The Insured’s Post-Contract Duty of Good Faith, July 2010; Issues Paper 8, The Broker’s Liability for Premiums, July 2010; and Issues Paper 9, The Requirement for a Formal Marine Policy, October 2010. A further matter, the possible reform of the Fires Prevention (Metropolis) Act 1774, which was the subject of a short discussion paper in 2009, is dealt with briefly by the Law Commissions, but only to dismiss the need for reform. The Consultation Paper lists a series of questions to be answered by respondents. The analysis here outlines the most important of the proposals which are the subject matter of those questions.