UK Insurance Limited v Stuart Gentry [2018] EWHC 37 (QB)

The Claimant insurer brought tort of deceit and committal proceedings arising out of an alleged accident in March 2013. The Claimant had settled the pre-accident value of the Defendant’s vehicle in the sum of £14,000 and the Defendant had brought further claims for PI and hire of a replacement vehicle. These damages were assessed in the sum of £75,000. In 2014 the Claimant undertook internet research which indicated that the Claimant’s Insured and the Defendant knew each other prior to the accident. In a witness statement the Defendant had asserted he did not know the Insured, but at the time of the trial he accepted that this was untrue. The Claimant’s case was that the accident was staged. After a two-day trial in the High Court, Teare J held that UKI had made out its case against Mr Gentry. The Court concluded that, when stepping back and assessing all of the evidence, it was suggestive that the collision was staged. The Defendant and the Insured knew each other and neither had informed UKI, even when the 2014 information came to light. In addition, the Insured’s vehicle was very old and the Defendant chose not to give evidence at the trial. The Court had the required evidence to conclude that the Claimant had made out its case.

February 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases