Reference no: EM133631233

Question

Mark is the owner of a small farm and has a farmer's combined policy with ZAZ Insurance DAC that covers legal liability for the farm's activities. In March 2020, one of Mark's bullocks escaped from a field onto the road after his son left a gate open. A neighbour, John, was driving his mother Anne's car and he collided with the bullock causing damage to the vehicle. Anne wishes to claim for the damage to her car, which cost €10,000 to repair. Anne has a valid comprehensive policy but cover is reduced to Third Party, Fire and Theft when John is driving as he holds a Novice driving licence. Anne attempted to contact Mark in relation to the repair costs but received no response. So, she appoints a solicitor. a) Discuss how Anne's solicitor can bring court proceedings against Mark. (8 marks) b) Discuss Mark's legal liability to Anne. Cite one relevant statute in support of your discussion. (4 marks) c) In January 2022 Mark is concerned that Anne may secure a judgment against him and contacts ZAZ Insurance PLC to report the accident. Discuss whether ZAZ Insurance PLC will cover Mark due to the delay in reporting the accident. (7 marks) d) In May 2022, John is referred to a psychologist by his GP after he reports that he has suffered from recurring intrusive thoughts and nightmares since the accident. Discuss whether John may now pursue a claim for personal injuries against Mark.