The uninsured first defendant deliberately drove a car at the plaintiff who was walking on the pavement, and thus caused serious injuries. The MIB accepted that the trial judge was bound by Hardy to declare that the Bureau was bound to indemnify the plaintiff in respect of his judgment against the first defendant. The Bureau appealed to the House of Lords.
Held: The House dismissed the appeal, accepting the principle that a person ‘may not stand to gain advantage arising from the consequences of his own iniquity’, but pointing out that the doctrine has its limits. The terms of policies issued by insurance companies were not relevant to the issues falling for decision in this case.
Judges:
Lord Hailsham LC
Citations:
[1984] AC 548
Jurisdiction:
England and Wales
Citing:
Cited – Hardy v Motor Insurers’ Bureau CA 1964
The court was asked whether insurance pursuant to the Road Traffic Act 1960 would provide valid cover for the benefit of a third party injured by deliberately criminal conduct on the part of the driver.
Held: Diplock LJ said: ‘The rule of law . .
Cited by:
Cited – Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s CA 10-Nov-2004
The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social . .
Cited – Bristol Alliance Ltd v Williams and Another QBD 1-Jul-2011
The driver had crashed into the insured’s building causing substantial damage. The court was asked which of the driver’s and building’s insurers should bear the costs. The driver’s insurers said that he had acted deliberately and therefore they were . .
Lists of cited by and citing cases may be incomplete.
Insurance, Personal Injury
Updated: 30 April 2022; Ref: scu.220133
