For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure. Issue 6 (23rd August 2019)

• Record Type: Journal Article
• Authors: Marson, James; Ferris, Katy
• Is Part Of: Modern law review. Volume 82:Issue 6(2019)
• Page Start: 1132
• Page End: 1145
• Publication Date: 2019-08-23
• Subjects: Law -- Great Britain -- Periodicals; 340
• DOI: 10.1111/1468-2230.12466
• Languages: English
• ISSNs: 0026-7961

Abstract

Abstract: In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to Fundo de Garantia Automóvel v Juliana, immobilised vehicles stored on private land but which are capable of being driven are subject to compulsory motor vehicle insurance whereas in Andrade v Crédito Agrícola Seguros, insurance is required only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protections of the Motor Vehicle Insurance Directives. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the authority of Andrade and the circumstances in which motor vehicles must be insured.