Last year we blogged about Lewis v Tindale & MIB (here) and alluded to the likelihood of the Supreme Court being asked to hear a further appeal. Those acting for the claimant now report that the SC has refused the MIB’s request for permission.
The most recent paper from the EU Council sets out its agreed negotiating position ahead of the legislative trilogue process (the other interlocutors being the Commission and the Parliament) aimed at amending the Motor Insurance Directive and scheduled for the first half of 2020. The question of the scope of the Directive is key.
Today’s decision of the Court of Justice of the EU holds that fire damage due caused by a car catching fire more than 24 hours after it had been parked in a garage was “use of a vehicle” and therefore within the scope of compulsory insurance set down in the relevant directive. As a result, the motor insurer would be required to meet the fire damage claim of around €45,000.