An Insurer is not liable for any injury caused to a third party by any negligent driving of a person when driving a vehicle with the owner’s consent but without being a named driver on their policy, the Supreme Court has ruled.
The insurance firm’s liability is to the insured and is not a liability owed directly to the injured party, the five-judge court said.
It was ruling on a legal point raised by a man arising from his District Court conviction for driving his father’s car without insurance. Keith Donnelly was convicted in February 2008 of driving his father Eugene Donnelly’s car without cover on January 27th, 2007, at Fairgreen, Carlow.
The car was insured under a policy issued by AXA Insurance Ltd to Eugene Donnelly with himself and his wife as named drivers. Keith Donnelly was not named. When stopped by … Read More »