AGEAS INSURANCE LTD V STOODLEY

2018 WL 02024527, Bristol County Court, His Honour Judge Cotter QC, 6 April 2016

Insurance (motor) - Misrepresention - Insurers avoiding policy for misrepresentation and obtaining a declaration - Application by other insurers to set declaration aside - Road Traffic Act 1988, section 152 - Consumer Insurance (Disclosure and Representations) Act 2012

In May 2013 Mr and Mrs Stoodley took out a policy with Ageas on their motorhome. On 5 November 2013 Mrs Stoodley was involved in a road traffic accident while driving another car, and the claim was settled by other insurers. In May 2014 and again in 2015 the Ageas policy was renewed by Mr Stoodley. He answered in the negative to the question: "have you or any person who will drive the motorhome had any accidents, claims, damage, theft or loss involving any motor vehicle (including motorhome, car, motorcycle or van) during the past five years, whether or not a claim was made, and regardless of blame?" On 20 December 2015 a BMW belonging to Mr Hampton and being driven by Mr Stoodley was involved in a motor accident which killed and seriously injured two other individuals. Mr Stoodley was convicted of causing death by careless driving while over the prescribed limit. Claims were brought against Mr Stoodley. No fewer than three insurers were potentially involved: Ageas, whose policy on the motorhome extended to other vehicles being driven by Mr Stoodley; Advantage, who had issued a separate policy to Mr Stoodley on another vehicle, but again with an extension for driving other vehicles; and Trinity Lane, the insurers of the BMW. Ageas discovered the November 2013 accident and by letter dated 18 March 2016 avoided the 2014 and 2015 policies for misrepresentation, returning the premium. On 10 June 2016 Ageas obtained a declaration under section 152(2) of the Road Traffic Act 1988 avoiding the policies. In the present proceedings Advantage sought permission to set aside the judgment.