The Personal Injuries (NHS Charges) (General) (Scotland) Regulations 2006

Liability of insurers

This section has no associated Executive Note

9.  Where–

(a)a policy of insurance is treated under section 164(1) as covering a person’s liability under section 150(2)(liability to pay NHS charges);

(b)under the policy of insurance the amount of cover in respect of the injury is limited to, or by reference to–

(i)a maximum sum; or

(ii)a proportion of the compensation for which the injured person is liable in respect of the injury; and

(c)in consequence of the limitation, a proportion of the compensation for which the injured person is liable in respect of the injury would not be covered by the policy, but for section 164(1),

the liability imposed on the insurer by section 164(1) shall be reduced by same proportion as its liability for the compensation payment.