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LLR: Insurance & Reinsurance Plus

MCCALL AND OTHERS v POULTON AND ANOTHER

[2009] Lloyd's Rep. IRPlus 9

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Carnwath and Lord Justice Wilson

Insurance (motor) – Claimant incurring hire charges for replacement vehicle – Claimant indemnified by insurers – Defendant uninsured – Subrogation action by claimant’s insurers under Motor Insurers’ Bureau Uninsured Drivers Agreement – Whether agreement to be construed in accordance with Second Motor Insurance Directive, 84/5/EEC – Whether MIB “emanation of the state” so that Directive directly effective.

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