What is a defective insurance policy?

Defectiveness in motor insurance can be viewed from two different perspectives. The policy holder may not have their own vehicle damage paid for, or an injured party awarded damages that are not satisfied.

Dorothea Dowling is a chartered insurer, accredited mediator, and former chair of both the Motor Insurance Advisory Board and the Personal Injuries Assessment Board. Writing in the December Gazette, Dowling notes that this can happen in a number of ways, and explains claims practice where no insurance was ever effected on a vehicle.

Older judgments and legislation

In considering these cases, Dowling writes, older Irish case law should be approached with caution. Specifically, she warns against relying on judicial reasoning that does not refer to the EU Motor Insurance Directives, particularly the fifth Motor Insurance Directive that took direct effect from June 2007. Existing Irish Road Traffic Act legislation is no longer the starting point for assessing the redress rights of victims injured by vehicles, having been effectively eclipsed by EU law.

• Read the full article in the December Gazette

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