【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第9页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (2) Nothing in this section shall be taken to render void any provisions in a policy requiring the person insured to repay to the insurer any sums which the latter may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties. Cap 281 s 107F Duty of insurers to satisfy judgments against persons insured in respect of third party risks Remarks: Adapation amendments retroactively made - see 25 of 1998 s. 2 (1) If, after a policy has been effected, judgment in respect of any such liability as is required to be covered by such policy under section 107D(1)(b) (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the authorized insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the authorized insurer shall, subject to this section, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any law relating to interest on judgments: Provided that where the liability covered by the policy is limited as provided by paragraph (iii) of the proviso to section 107D(1)(b) the authorized insurer shall not be required to pay any sum in excess of the limit so provided. (Amended 61 of 1989 s. 6) (2) No sum shall be payable by an authorized insurer under subsection (1)- (a) in respect of any judgment, unless before or within 7 days after the commencement of the proceedings in which the judgment was given, the authorized insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution there on is stayed pending an appeal; or (c) in connection with any liability, if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability the policy was cancelled by mutual consent or by virtue of any provision contained therein, and either- (i) before the happening of the said event the policy was surrendered to the authorized insurer, or the person in whose favour the policy was issued made a statutory declaration stating that the policy had been lost or destroyed; or (ii) after the happening of the said event, but before the expiration of a period of 14 days from the taking effect of the cancellation of the policy, the policy was surrendered to the authorized insurer, or the person in whose favour the policy was issued made such a statutory declaration as aforesaid.(3) No sum shall be payable by an authorized insurer under this section if, in an action commenced before, or within 3 months after, the commencement of the proceedings in which the judgement was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, if he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in it: Provided that an authorized insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subsection as respects any judgement obtained in proceedings commenced before the commencement of that action, unless before or within 7 days after the commencement of that action he has given notice thereof to the person who is the plaintiff in the said proceedings specifying the non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto. (4) If the amount which an authorized insurer becomes liable under this section to pay in respect of a liability of a person insured by a policy exceeds the amount for which he would, apart from this section, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person. (5) In this section, the expression "material" (具关键性) means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions; and the expression "liability covered by the terms of the policy" (保险单条款承保的法律责任) means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. (6) The Court of First Instance has power to hear and determine a claim under subsection (1) against an authorized insurer notwithstanding that the authorized insurer is not within the jurisdiction of the Court. (Added 61 of 1989 s. 6. Amended 25 of 1998 s. 2) Cap 281 s 107G Bankruptcy, etc., of insured persons not to affect certain claims by third parties |
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