When is an Insured Vehicle an Uninsured Vehicle?
In Colley v Motor Insurers' Bureau the Motor Insurers' Bureau appealled against liability to satisfy a claim for damages for injuries suffered by a passenger in a motor vehicle accident. The driver was uninsured, but at the time of the accident the vehicle in which the victim was travelling was subj...
| Publicado en: | Modern Law Review Vol. 86; no. 2; pp. 551 - 564 |
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| Autores principales: | , |
| Formato: | Artículo |
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Wiley-Blackwell
Mar2023
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=161788636&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 161788636 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Mar2023 vid: 86 iid: 2 pid: 480 pub: Wiley-Blackwell artinfo: ui: 161788636 10.1111/1468-2230.12762 ppf: 551 ppct: 13 formats: fmt: – @attributes: type: T – @attributes: type: P size: 177KB tig: atl: When is an Insured Vehicle an Uninsured Vehicle? aug: au: Marson, James Ferris, Katy su: Automobile insurance Traffic accidents Insurance claims Passengers Uninsured motor vehicle drivers sug: subj: Automobile insurance Traffic accidents Insurance claims Passengers Uninsured motor vehicle drivers ab: In Colley v Motor Insurers' Bureau the Motor Insurers' Bureau appealled against liability to satisfy a claim for damages for injuries suffered by a passenger in a motor vehicle accident. The driver was uninsured, but at the time of the accident the vehicle in which the victim was travelling was subject to a policy of motor insurance. By operation of national law, and in breach of the Motor Vehicle Insurance Directive (MVID), the insurer was allowed to recant the policy and leave the passenger a victim of an, ostensibly, uninsured vehicle. This note explains why the decision of the Court of Appeal was fundamentally flawed, how the Court continues to apply EU law incorrectly, and broader concerns the case presents for remaining EU law claims in the appeal courts. This is particularly the case for retained EU laws and the cases remaining to be heard under the MVID's application in national courts. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2023 holdings: @attributes: islocal: N |
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