Following the uncertainty in motor insurance law which stems
back to the European Court of Justice (ECJ) case of Vnuk v
Zavarovialnica Triglav in 2014, we finally have clarity
regarding the future of section 152 declarations. From 1
November 2019, it will no longer be possible for an insurer to
avoid an RTA liability, and reduce its status to Article 75, by
securing a declaration of policy voidance under section 152 of the
Road Traffic Act 1988.
Section 152(2) of the Road Traffic Act will be amended, removing
the insurer's right to avoid RTA liability where a
post-accident declaration of policy voidance is obtained on grounds
that the policy was obtained by way of non-disclosure or
misrepresentation at inception. The new wording of section 152 of
the Road Traffic Act is contained within The Motor Vehicles
(Compulsory Insurance) (Miscellaneous Amendments) Regulations
2019, which were laid before Parliament on 1 July 2019
. From 1 November Section 152(2) will simply
