Section 11
of Motor Vehicles Insurance (Third Party Risks) Act
Section 11
(1)
Any person, against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 4(1)(b), shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purposes of this Act or would have been so insured if the insurer had not avoided or cancelled the policy, and if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in respect thereof under section 4(4).
(2)
In the event of —
(a)
any person becoming bankrupt or making a composition or arrangement with his creditors;
(b)
an order being made under any law for the time being in force relating to bankruptcy for the administration in bankruptcy in respect of the estate of any person; or
(c)
a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company’s business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, it shall be the duty of the bankrupt debtor, personal representative of the deceased debtor or company and, as the case may be, of the officer having jurisdiction under any law for the time being in force relating to bankruptcy,
Motor Vehicles Insurance
(Third Party Risks)
B.L.R.O. 3/2014 15
trustee, liquidator, receiver or manager or person in possession of the property to give, at the request of any person claiming that the bankrupt debtor, deceased debtor or company is under a liability to him, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by this Act and for the purpose of enforcing such rights if any, and any contract of insurance, in so far as it purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of any such information in the events aforesaid or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.
(3)
If the information given to any person, in pursuance of subsection (2), discloses reasonable ground for supposing that there have or may have been transferred to him under this Act, rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by subsection (2) on the person therein mentioned.
(4)
The duty to give information imposed by this section shall include a duty to allow all contracts of insurance receipts for premiums and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.
(5)
If, without reasonable excuse, any person fails to comply with the provisions of this section or wilfully makes any false or misleading statement in reply to any such demand, he is guilty of an offence.
Settlement between insurers and insured persons.