ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the place where the plaintiff is domiciled.
By virtue of Articles 11(2) and 9(1)(b) of Regulation EC 44/2001 (‘Regulation 44’) a person injured in a motor accident who has a right to bring proceedings directly against the insurer of the driver responsible for his injury is entitled to bring those proceedings before the courts of the Member State in which he is domiciled, provided that the insurer is domiciled in a Member State.
Judges:
CWA Timmermans, P
Citations:
C-463/06, [2007] EUECJ C-463/06, [2008] ILPr 12, [2008] 2 All ER (Comm) 733, [2008] Lloyd’s Rep IR 354, (2007) ECR 1-11321
Links:
Statutes:
Regulation EC 44/2001 11(2) 9(1)(b)
Cited by:
Cited – Knight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
Cited – Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa QBD 30-Jul-2010
The claimant was injured in a road traffic accident in Spain, and sought to claim here. . .
Cited – Maher and Another v Groupama Grand Est CA 12-Nov-2009
Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of . .
Cited – Wall v Mutuelle De Poitiers Assurances QBD 25-Jan-2013
. .
Cited – Cox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
Lists of cited by and citing cases may be incomplete.
European, Road Traffic, Insurance
Updated: 12 July 2022; Ref: scu.262915