Wilkinson v Fitzgerald and Churchill Insurance Company Ltd; Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening – WLR Daily

Posted September 7th, 2012 in EC law, insurance, law reports, negligence, road traffic by tracey

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd: Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening: [2012] EWCA Civ 1166: [2012] WLR (D)  260

“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”

WLR daily, 24th August 2012

Source: www.iclr.co.uk