【法规名称】
【法规编号】 68907 什么是编号？
【正 文】
第4页 CAP 272 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
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[接上页] [cf. 1930 c. 43 s. 37 U.K.] Cap 272 s 8 (Repealed 20 of 1987 s. 2) Cap 272 s 9 Certain conditions to policies or securities to be of no effect Any condition in a policy or security issued or given for the purposes of this Ordinance, providing that no liability shall arise under the policy or security, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security, shall be of no effect in connection with such claims as are mentioned in section 6(1)(b): Provided that nothing in this section shall be taken to render void any provisions in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may have become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties. [cf. 1930 c. 43 s. 38 U.K.] Cap 272 s 10 Duty of insurers to satisfy judgments against persons insured in respect of third party risks (1) If, after a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under section 6(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 insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the provisions of 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. (2) No sum shall be payable by an insurer under the foregoing provisions of this section- (a) in respect of any judgment, unless before or within 7 days after the commencement of the proceedings in which the judgement was given, the insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution thereon is stayed pending an appeal; (Amended 46 of 1995 s. 5) (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 certificate of insurance was surrendered to the insurer, or the person in whose favour the certificate was issued made a statutory declaration stating that the certificate 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 certificate was surrendered to the insurer, or the person in whose favour the certificate was issued made such a statutory declaration as aforesaid; or (iii) either before or after the happening of the said event, but within the said period of 14 days, the insurer has as commenced proceedings under this Ordinance in respect of the failure to surrender the certificate; or (Amended 46 of 1995 s. 5)(d) in respect of any sum adjudged to be payable under the judgment in excess of the amount covered by the policy of insurance after deducting therefrom any amount which is either paid or due and payable by the insurer under the policy (otherwise than by virtue of the judgment) in respect of the same event. (Added 46 of 1995 s. 5)(3) No sum shall be payable by an insurer under the foregoing provisions of this section, if, in an action commenced before, or within 3 months after, the commencement of the proceedings in which the judgment 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 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 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 the provisions of this section, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person. |
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