FOIL Update – MIB v Lewis
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This was the appeal from the first instance decision in Lewis (Protected Party) v Tindale and others. The Court of Appeal upheld the judge’s decision at first instance. This ruling has major implications not only for MIB but potentially also any motor insurer because, where the MIB now has a liability to satisfy a claim arising out of use of a vehicle off-road/on private land up to the compulsory limit of €1.22 million, the MIB may, by virtue of Article 75 of its Articles of Association, simply seek to pass that liability on to such member(s) (i.e. insurer) who was providing any insurance for that vehicle at the date of the incident.
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