Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation 2017
New Law Journal article: Inception Deception
Link to transcript of judgment: (Case C-287/16)
- s152(2) Road Traffic Act 1988 is rendered obsolete
- European Court of Justice ruling effectively abolishes a staple defence commonly invoked by insurers
- EU law mandates the creation
of a separate inviolate guarantee: one that obliges an insurer to meet a
third-party claim arising out of an actionable loss resulting from its
- The Court of Appeal's reasoning in EUI v Bristol Alliance and Sahin v Havard is impossible to reconcile with the Court of Justice's judgment in Fidelidade
Can a motor insurer invoke its policyholder’s fraud to defend a third-party claim?
The pervasive nature of fraud
New European ruling on motor insurance
The case facts
Autonomous quality of the protection
Implications for UK
Reproduced with kind permission of the New Law Journal.