NAGORSKI V NIKOLICS AND ANOTHER

Liverpool County Court, Recorder Simon Parrington, June 2021

Insurance (motor) – Obligation of insurer to satisfy judgment against driver – Effect of registration on Motor Insurance Database – Road Traffic Act 1988, section 151(2)(b)

The claimant brought proceedings for injuries allegedly inflicted by the negligent driving of a vehicle by the defendant. The vehicle had been insured by Tradewise Insurance Co Ltd under a motor trade policy, and the policy had been registered on the Motor Insurance Database. The vehicle was thereafter transferred to the defendant, but the registration had not at that time been altered. The preliminary issue for the court was whether the insurers were liable to meet any judgment obtained by the claimant against the defendant under section 151(2)(b) of the Road Traffic Act 1988, on the basis that it was “a liability … which would be so covered if the policy insured all persons ... and the judgment is obtained against any person other than one who is insured by the policy ...”