Lamb Chambers

This Q&A explains the basics of accident and sickness insurance, which can fall into two broad categories: personal accident cover and sickness or general disability cover. This Q&A describes what is covered under personal accident insurance. Sickness insurance ordinarily provides cover for Income Protection or Critical Illness, or both. The Financial Ombudsman (FOS) has the authority under the Financial Services and Markets Act 2000 (FSMA 2000) to direct insurers to settle disputes. There are comprehensive sickness insurance requirements for EU citizens as held in Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 and Mirga v Secretary of State for Work and Pensions [2016] UKSC 1 and the Immigration (European Economic Area) Regulations 2016, SI 2016/1052.

This Q&A described aviation and transport insurance, which provides financial cover specific to aircraft and transport operations, and the associated risks involved in the aviation and transport sector. UK aviation insurance requirements arise from Regulation (EC) No 785/2004, as amended by Regulation (EC) No 285/2010. The Road Traffic Act 1988 requires all UK vehicle owners or drivers to have insurance covering, as a minimum, third-party liability for personal injury and property damage unless the vehicle is declared off the road. This mandatory regime of third-party liability insurance extends across the EU by reason of the Motor Vehicle Insurance Directive 2009/103/EC. It also extends to commercial vehicle operators, whether they are in the business of passenger or goods transportation. This Q & A addresses the Carriers Act 1830 and the Carriage of Goods by Road Act 1965 (CMR).

This Q&A describes Employers’ Liability (EL) insurance, which is a form of compulsory liability insurance required by the Employers’ Liability (Compulsory Insurance) Act 1969 (EL(CI)A 1969), which makes it mandatory for every employer carrying on any business in Great Britain to take out an approved policy against liability for bodily injury or disease sustained by his employees arising out of an in the course of their employment in that business in Great Britain. Employers’ Liability (Compulsory Insurance) Regulations 1998, SI 1998/2573. Although the Act prescribes a minimum level and scope of cover, many EL policies in fact offer wider coverage and limits.

The Q&A explains motor insurance, motor vehicle insurance, or otherwise known as road traffic accident insurance. In the UK motor insurance is mandatory for any vehicle owner or driver, unless the vehicle is declared off-road. The Road Traffic Act 1988 mandates the minimum level of cover. Motor vehicle insurance protects the general public against personal injury and damage caused in a road traffic accident. There are three types of motor insurance: third-party only; third-party fire and theft; and comprehensive policies. Under the Motor Vehicle Insurance Directive 2009/103/EC, all UK vehicle insurance provides minimum third-party cover for personal injury and damage when driving in other EU countries. The Test-Achats case (Association belge des Consommateurs Test-Achats ASBL v Conseil des ministres (2011) Case C-236/09) put an end to gender being considered in the calculation of premiums. As an insurer of last resort, the Motor Insurers’ Bureau compensates third-party victims of road traffic accidents caused by uninsured or untraced motorists.

This Q&A, produced in partnership with Hannah Laithwaite of Lamb Chambers, considers the meaning of knowledge qualifiers within a warranty for a share purchase or asset purchase transaction.