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LLR: Insurance & Reinsurance

CHARLTON v FISHER AND ANOR

[2001] Lloyd's Rep IR 387

COURT OF APPEAL

Before Lord Justice Kennedy, Lord Justice Laws and Lord Justice Rix

Insurance (motor) - Injuries caused by deliberate act of insured but with no intention to injure - Whether injuries caused by “accident” within meaning of policy - Whether insurance required to extend to injuries deliberately caused - Road Traffic Act 1988, sections 143, 145, 148 and 151 - Public policy - Whether insured prevented from recovering indemnity on public policy grounds where there had been a deliberate collision - Whether public policy precluded direct action against insurers by victim - Third Parties (Rights against Insurers) Act 1930.

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