2TG Webinar - Conundrums in Motor Insurance

As part of a series of webinars by the 2TG Personal Injury Team, Howard Palmer KC examines some strategies for recovery by Motor Insurers faced with large claims which may be brought home against them, whether contractually, pursuant to section 151 RTA 1988, or as Article 75 Insurers. John McDonald will consider whether motor insurers have to meet claims in “road rage” cases and other unusual incidents involving motor vehicles.
Presenters:
Howard Palmer KC: www.2tg.co.uk/...
John McDonald: www.2tg.co.uk/...
Howard Palmer’s expertise in insurance, foreign claims and personal injury is put together in dealing with complex issues relating to motor insurance, against the background of the measures imposed by the Road Traffic Act 1988 and the content of the Motor Insurance Directives emanating from Europe.
He has acted both for and against uninsured motorists and the MIB. He was instructed in the Supreme Court appeal in the case of Jacobs v MIB [2011] 1 WLR 2609, concerning a victim pursuing the MIB in the UK for compensation for an accident with an uninsured driver in Spain.
He acted for insurers (Churchill) in the Court of Appeal in Charlton v Fisher [2002] QB 578, where insurers were found not liable to indemnify a driver who had deliberately rammed another car; and for insurers in Bristol Alliance v Williams) where the driver had deliberately rammed a shopping mall in an attempt to commit suicide. He also acted in an intra-insurer dispute in General Accident v Toms and Provincial Insurance (QBD, Scott Baker J) as to which of two insurers were liable to indemnify a negligent driver.
Howard has also conducted cases on the liability of foreign insurance companies to provide indemnity to their insureds, or to provide compensation direct to victims, in the context of proceedings brought within the jurisdiction of the courts of England and Wales.
John McDonald has many years’ expertise in motor insurance issues. He has represented most of the UK’s motor insurers both in defending claims and in claims for contribution against other insurers, involving interpretation of motor insurance policies and the application of the Road Traffic Act 1988 and European legislation. He has been instructed in numerous claims involving the MIB Uninsured and Untraced Drivers Agreements, and has also been instructed in respect of redrafting of the Hong Kong MIB Agreements.
He has appeared in many cases involving motor insurance issues, recent examples of which are Sahin v. Havard [2017] 4 All ER 157, Pinn v. Guo (2014) Lawtel, Clarke v. Clarke & MIB [2012] EWHC 2118, Harvey v. MIB (2011) High Court Manchester (Lawtel), and McCall v. Poulton [2009] RTR 11,
John is recognised as a leading junior by Chambers & Partners and Legal 500. Chambers UK cites his “comprehensive knowledge, innovative approach and ability to get to the nub of complex policy issues,” and says that ”He is extremely experienced and is the oracle on insurance … His knowledge of motor indemnity law is very deep - he knows it inside out.” He is a former solicitor having been admitted with Honours and trained in the City. He is a Fellow of Chartered Institute of Arbitrators (he has appeared as advocate at arbitrations in Europe and the Middle East) and a Fellow of the Royal Society of Arts.