Motor Vehicle Insurance - Injuries Inflicted by Deliberate Acts

(Charlton v Fisher and Churchill Insurance, February 2001, forthcoming in [2001] Lloyd’s Rep IR)

The Road Traffic Act 1988 and the MIB Agreements are drafted on the basis that liability will be imposed on a road user for injuries inflicted on a victim by reason of the user’s negligence. The legislation is less well-equipped to deal with the problem of injuries inflicted by deliberate conduct, as at that point the rules of public policy come into the picture and impose restraints on the right of the user to recover from his insurers. The conflicts which arise from this situation were considered at length by the Court of Appeal in Charlton v Fisher and Churchill Insurance , February 2001, forthcoming in [2001] Lloyd’s Rep IR.