Frontier Insurance. How must we handle the situation of a vehicle that is not insured in the country where it is normally based and whose Bureau is a Signatory of the Multilateral Agreement, while it is covered under the Frontier Insurance of another country? The Signatories have agreed that, since the Frontier Insurer has received a premium, the latter should be responsible for Third Party claims if the contract was applicable in the country of the accident114. Solutions to certain specific situations described here after 1st situation: unidentified car, unidentified driver, but vehicle believed to be from a particular country; evidence of country based on:
Frontier Insurance. As far as frontier insurance is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in an EEA territory may contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will thus never apply in the event of a false unauthorised or illegally issued Green Card which may be identified as covering Frontier Insurance only, purporting to have been sold with or without the authorisation of the Bureau to sell Green Cards in a country where no Bureau exists82. Specific situation resulting from the European Motor Insurance Directives: Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence in case the despatched vehicle bears a false, unauthorised or illegally altered Green Card, the guarantee of the Bureau of destination of the country where the Green Card is 82 2010 – General Assembly, Decision N° 6-6 purported to be issued cannot apply during those 30 days since the vehicle remains registered in the Member State of origin83. 83 2009 – General Assembly, Decision N°5-3 Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptions.
Frontier Insurance. How must we handle the situation of a vehicle that is not insured in the country where it is normally based and whose Bureau is a Signatory of the Multilateral Agreement, while it is covered under the Frontier Insurance of another country? The Signatories have agreed that, since the Frontier Insurer has received a premium, the latter should be responsible for Third Party claims if the contract was applicable in the country of the accident86. Solutions to certain specific situations described here after 1st situation: unidentified car, unidentified driver, but vehicle believed to be from a particular country; evidence of country based on: 84 1985 – General Assembly, point 2B (ii)(c) 85 1958 – General Assembly, point 2B 86 Signatories Committee 21.11.91, point 5.i
