Court of Appeal rules MIBI may have liability for Setanta claims
The Motor Insurers Bureau of Ireland (MIBI) has lost its appeal to the Court of Appeal and is now potentially liable for hundreds of outstanding claims following the collapse of the Setanta insurance in 2014.
The ruling has important implications for injured parties involved in claims concerning Setanta insurance. The MIBI asked the Court of Appeal to set aside the High Court judgment that it must pay out on claims against all persons injured with Setanta. The Law Society of Ireland opposed the appeal and submitted that it was envisaged under various agreements governing the MIBI since its establishment in the 1950’s that it would have to pay out if a member became insolvent. The MIBI’s appeal was unanimously rejected by the President of the Court of Appeal which now means that approximately 1,750 injured people who have suffered injury and loss through the fault of drivers insured with Setanta have now legal redress through the Irish Court system.
Ronan Hynes, Partner in the Litigation Dispute Resolution Department of Keating Connolly Sellors commented on the decision that “It is good news for those involved in accidents that were subject to claims with Setanta Insurance. It is imperative that there is a fund of last resort to pay out to injured parties where they have been injured through no fault of their own by motorists who are either uninsured or untraced. The Setanta fiasco has undoubtedly highlighted a lack of financial regulation in the insurance industry”.
If you have been injured in a road traffic accident through no fault of your own or have a claim against a Setanta insured driver, please contact Ronan Hynes, Partner in the Litigation Dispute Resolution Department for expert advice on 061-414355 or [email protected].