VNUK - AN INVOLUNTARY RISK TRANSFER

Vnuk is a landmark ECJ decision impacting on the EU-wide motor insurance industry. Most member states had previously restricted motor insurance to a ‘road or public place’ and motor policies across the EU will now have to be re-written. In the UK, the Vnuk ruling has significant implications for the scope of compulsory Road Traffic Act 1988 (RTA) insurance and general insurance. The case also has an impact on certain insurance obligations in the Motor Insurance Directive, with the requirement for compulsory insurance now extending to ‘any use of a vehicle consistent with the normal function of that vehicle’.

Significantly, the term ‘any use’ does not restrict the vehicle’s usage to a specific location, such as public or private land and the scope of vehicles goes far beyond those originally considered in the RTA or by motor insurers generally.

• Overview of the Vnuk decision and its implications
• Summary of BLM’s discussions with the Department for Transport, insurers and industry bodies in preparation for the Government’s impact assessment and consultation
• Thoughts on what changes may come and the impact on insurers and their customers.

Insurers, underwriters, claims staff, brokers and anyone wanting to update their knowledge and awareness on the forthcoming changes and implications of Vnuk.

• Understand the Vnuk ruling and its implications
• Understand the potential impact for policyholders and customers
• Enable delegates to considering their response to the Government’s consultation
• Enable delegates to prepare and plan for the changes

David Spencer is a partner in the catastrophic injury team of BLM’s Manchester office, dealing with claims arising from EL, PL and road traffic accidents involving complex liability issues, brain injury, spinal injury, amputations and serious orthopaedic injuries. David was solicitor for the defendant throughout the litigation and in the Supreme Court appeal in Summers v Fairclough Homes and has been appointed panel solicitor for liability claims involving the UK governing bodies of two and four wheeled motorsport and for other national sporting and recreational associations. David undertakes numerous seminars and training on claims handling, defensibility and civil procedure. He qualified as a solicitor in 1998, joined BLM in July 2005 and made partner in April 2008.

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