LV= appeal to aid insurers left in limbo, says Keoghs

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The Supreme Court has granted Liverpool Victoria’s (LV=) appeal in the case of Cameron v Hussain and LV=, Keoghs has reported.

The decision is a positive step in countering the judgement of the Court of Appeal, according to law firm Keoghs, which represented LV=.

The Court of Appeal had in effect previously held that insurers would have to satisfy judgements obtained against unnamed individuals purely on the basis that they insured the vehicle.

The Supreme Court’s decision relates to an initial case in which the claimant brought proceedings against the registered keeper and insurer due to the driver being unidentified.

While judgement was initially obtained against the claimant, two appeals followed, the second of which was successful.

In the second appeal, the Court of Appeal upheld the claimant’s argument that, having allowed unknown persons to be named in proceedings, a precedent was set.

This allowed the claimant to obtain a judgement against the fault driver by describing, rather than naming them.

Upon obtaining such a judgement, the insurer’s statutory obligation to satisfy the unsatisfied judgement under section 151 of the Road Traffic Act 1988 was triggered, according to Keoghs.

Keoghs partner Damian Ward was optimistic following the Supreme Court’s decision to grant LV=’s appeal, saying: “This is a positive step towards overturning the Court of Appeal’s original decision which has left insurers in a state of limbo. We will now begin the process of ensuring these ramifications are fully considered and an informed decision made at the upcoming appeal.”

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Mark Dugdale is the editor of Claims Media. Mark welcomes articles, letters or feedback from readers and can be reached via mark.dugdale@barkerbrooks.co.uk