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Law of Insurance · Unit 2

Insurance exam question: Discuss the liability of the insurer

The question (15 marks)

Discuss the liability of the insurer to third parties under the Motor Vehicles Act 1988. What defences are open to the insurer, and what rights does the third party have independently of the insured? (15 marks)

Syllabus head 2.5; built from the Module 2 chapter on Chapters XI and XII of the Motor Vehicles Act 1988.

Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.

It tests Unit 2 · The Regulatory Framework, Life Insurance and Motor Third-Party of Law of Insurance.

Authorities you will need

  • Motor Vehicles Act 1988, ss. 146, 147, 149, 150, 151, 152
  • Swaran Singh
  • Sohan Lal Passi v. P. Sesh Reddy

How an answer is marked

A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.