152 Exceptions to section 151.E+W+S
(1)No sum is payable by an insurer under section 151 of this Act—
(a)in respect of any judgment unless, before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings, or
(b)in respect of any judgment so long as execution on the judgment 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 or damage to property giving rise to the liability, the policy or security was cancelled by mutual consent or by virtue of any provision contained in it, and also—
(i)before the happening of that event the certificate was surrendered to the insurer, or [F1(in the case of a certificate delivered otherwise than as described in section 147(1A) above)] the person to whom the certificate was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or
(ii)after the happening of that event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy or security, the certificate was surrendered to the insurer, or [F2(in the case of a certificate delivered otherwise than as described in section 147(1A) above)] the person to whom it was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or
(iii)either before or after the happening of that event, but within that period of fourteen days, the insurer has commenced proceedings under this Act in respect of the failure to surrender the certificate.
(2)Subject to subsection (3) below, no sum is payable by an insurer under section 151 of this Act if, in an action commenced before, or within three months after, the commencement of the proceedings in which the judgment was given, he has obtained a declaration—
(a)that, apart from any provision contained in the policy or security, he is entitled to avoid it on the ground that it was obtained—
(i)by the non-disclosure of a material fact, or
(ii)by a representation of fact which was false in some material particular, or
(b)if he has avoided the policy or security on that ground, that he was entitled so to do apart from any provision contained in it
[F3and, for the purposes of this section, “material” 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.].
(3)An insurer who has obtained such a declaration as is mentioned in subsection (2) above in an action does not by reason of that become entitled to the benefit of that subsection as respects any judgment obtained in proceedings commenced before the commencement of that action unless before, or within seven days after, the commencement of that action he has given notice of it to the person who is the plaintiff (or in Scotland pursuer) in those proceedings specifying the non-disclosure or false representation on which he proposes to rely.
(4)A person to whom notice of such an action is so given is entitled, if he thinks fit, to be made a party to it.
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