Judge critical of insurance companies hiding limits in fine print of policies

Hiding limits on cover in the fine print of a motor insurance policy was branded outrageous by Judge Gerard Haughton.

He was dealing with a case taken against brothers Alan Spillane (25) of Ballinaboola, Newbawn and Robert Spillane (29) of Monglass, Caim.

The younger brother was stopped driving a white Nissan Silvia at a check- point in Clonroche on April 5 last year.

He told Garda Cathal Burke that he was taking the vehicle – which carried a 1996 Clare registration - to the NCT centre in Enniscorthy for testing.

The District Court sitting in Gorey was told that the Nissan duly passed the test but the garda was concerned that the defendant’s ‘open drive’ insurance policy may have been void.

Alan Spillane believed at the time that he was covered as the brothers had consulted a garda acquaintance in advance to check that everything would be in order.

Cover had been taken out through AA Insurance and a witness, underwriter Peter Vincent from Aviva, was called to give evidence.

He pointed out that section 1, sub-section 5f of the booklet required vehicles being driven to be roadworthy and covered by valid NCT.

The judge dismissed the charge of driving without insurance as there was no evidence presented to the court that the booklet had in fact been emailed.

Also thrown out was the prosecution of Robert Spillane for allowing his vehicle to be on the road uninsured.

Judge Haughton suggested that few if any people read their policies and the sort of requirement outlined by the man from Aviva should be spelt out on the insurance certificate.

He felt it was outrageous that such matters were hidden in the small print.