Insurance – Fleming & Barrett https://www.bandonsolicitors.com Thu, 19 May 2016 15:09:54 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.4 95311558 Cancellation of Motor Insurance Policy arising out of Drunken Driving Conviction https://www.bandonsolicitors.com/cancellation-motor-insurance-policy-arising-drunken-driving-conviction/ https://www.bandonsolicitors.com/cancellation-motor-insurance-policy-arising-drunken-driving-conviction/#respond Thu, 19 May 2016 15:09:54 +0000 http://www.bandonsolicitors.com/?p=1028 Article by Eamonn Fleming   I recently acted for a person in the defence of a drunken driving charge. The drunken driving incident also involved a collision that occurred between her and another person.   Having contested the drunken driving charge in full the court convicted my Client of drunk driving, fined her and disqualified […]

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Article by Eamonn Fleming

 

I recently acted for a person in the defence of a drunken driving charge. The drunken driving incident also involved a collision that occurred between her and another person.

 

Having contested the drunken driving charge in full the court convicted my Client of drunk driving, fined her and disqualified her from driving for 2 years. On my application to the court, and because my Clients licence was so important to her, the Judge postponed the commencement of the disqualification for  4 month.

 

My Client’s insurance company became aware of her conviction for drunken driving. This arose because the party into which she crashed made a claim against her.

 

On that basis her insurance company wrote to her giving her a 6 day notice period and telling her after the expiry of the 6 days in question they were going to cancel her insurance policy. The reason they gave for cancelling her policy was that she failed “to take reasonable precaution to prevent loss”. This was in spite of the fact that she was up to date in all her payments on the insurance policy (she was paying by installments) and the policy was not due to expire until the end of 2016.

 

On her behalf I wrote to her insurance company and told them that they were not entitled to this and if they didn’t change their mind (and confirm restoration of her policy) I would bring the matter to the attention of the Financial Services Ombudsman. I went so far as completing a form of complaint to the Financial Services Ombudsman and sending the insurance company a copy of the form.  I also told them that if they persisted with the cancellation of insurance and the Ombudsman found in favour of her I would sue them.

 

Low and behold within 24 hours of me sending the email in question the insurance company got me back confirming that they had agreed to withdraw the cancellation and that my Client would still be entitled to drive until the date of the postponement of the disqualification came into effect.

 

I have not come across a situation like this before and from speaking to my colleagues neither had they. I think this was heavy handed by the insurance company  and effectively I think that they were “chancing their arm”.  I think if my Client had not engaged my services the insurance company would not have relented.

 

 

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Setanta Insurance, Cover or Not https://www.bandonsolicitors.com/setanta-insurance-cover-or-not-2/ https://www.bandonsolicitors.com/setanta-insurance-cover-or-not-2/#respond Tue, 02 Feb 2016 15:39:38 +0000 http://www.bandonsolicitors.com/?p=1016 Article by Eamonn Fleming As a result of the collapse of Setanta Insurance Company in 2004 approximately 1,750 claims remain in existence against policy holders with that insurance company arising out of road traffic accidents which the injured parties are claiming were caused as a result of the fault of the Setanta policy holders. The […]

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Article by Eamonn Fleming

As a result of the collapse of Setanta Insurance Company in 2004 approximately 1,750 claims remain in existence against policy holders with that insurance company arising out of road traffic accidents which the injured parties are claiming were caused as a result of the fault of the Setanta policy holders. The collapse of that insurance company has left a lot of policy holders with Setanta in a worried position as to whether successful claims against them will lead to the policy holders being personally responsible for the damages that the policy holders negligence may have caused.

Liquidator was appointed to Setanta in April 2014. Setanta was an Insurance Company registered in Malta and the liquidator cancelled all Setanta insurance policies on the 29th of May 2014. An application was brought to the High Court to see if the Motor Insurance Bureau of Ireland or the Insurance Compensation Fund were liable for claims against Setanta. The Motor Insurance Bureau of Ireland (MIBI) was set up between the Government and the insurance companies to deal with claims arising from uninsured drivers. The Insurance Compensation Fund is used to cover claims of an insolvent insurance company.

The High Court decided that under the terms of the MIBI agreement the MIBI had a responsibility to pay out in respect of claims against persons insured by Setanta. The MIBI has now brought an appeal against this High Court decision to the Court of Appeal arguing that the High Court’s decision in relation to the MIBI’s responsibility is not correct and should be set aside. No decision has yet been given by the Court of Appeal on the matter but if it were to overturn the High Court decision it would leave a lot of very worried and exposed Setanta policy holders.

Please see separate article to follow in relation to the liability or otherwise of the Irish Insurance Corporation Fund.

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