Q&As

When a motor insurer declares themselves as Article 75 insurer should that insurer be included as a second defendant?

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Published on: 28 March 2022
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Where a named insurer has been identified by the Motor Insurers’ Bureau (MIB) or has identified itself as an Article 75 insurer, proceedings can only be issued against the MIB. No direct cause of action exists as between the claimant and the Article 75 insurer. The insurer’s liability, which arises pursuant to its membership of the MIB, is to the MIB only. Accordingly, it would not be appropriate to include an Article 75

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Jurisdiction(s):
United Kingdom

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