New Judgment: R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd [2019] UKSC 16
27 Wednesday Mar 2019
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On appeal from: [2017] EWCA Civ 259.
This appeal considered whether on its true construction, a policy of motor insurance extended liability for damage to a third party’s property, following a fire caused by repair work to the car whilst immobilised at the property.
Held: The necessary correction required by the statutory requirements of the Road Traffic Act 1988 Act and the terms of the certificate of insurance required thereunder is to extend the cover beyond what was expressly provided to that which the 1988 Act requires, and no more. Therefore the Court of Appeal had erred in the formulation of the policy and certificate as providing cover for any accident “involving your vehicle”, which expanded the cover significantly beyond both the express terms of the clause and the requirements of the 1988 Act, by removing the statutory causal link between use of the vehicle on a road or other public place and the accident.
For judgment, please download: [2019] UKSC 16
For Court’s Press Summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII
To watch the hearing, please visit: Supreme Court Website (13 Dec 2018 morning session) (13 Dec 2018 afternoon session)