[F1Exceptions to Article 98N.I.
98A.—(1) No sum shall be payable by an insurer under Article 98—
(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;
(b)in respect of any judgment so long as enforcement of 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 either before or after the happening of that event but before the expiration of the period of 14 days from the taking effect of the cancellation of the policy or security—
(i)the certificate was surrendered to the insurer [F2(in the case of a certificate delivered otherwise than as described in Article 92(4A))]; or
(ii)the insurer has commenced proceedings under this Order in respect of the failure to surrender the certificate.
(2) [F3No sum is payable by an insurer under Article 98 of this Order 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 insurer has obtained a declaration—]
(a)that, apart from any provision contained in the policy or security, he is entitled to avoid [F4the policy under either of the relevant insurance enactments, or the security] 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 [F5under either of the relevant insurance enactments, or the security] on that ground, that he was entitled so to do apart from any provision contained in [F6the policy or security].
F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(5) In this Article, “relevant insurance enactment” means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015.]]
F1SR 1989/84
F2Words in art. 98A(1)(c)(i) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(4)
F3Words in art. 98A(2) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), regs. 1, 7(2) (with reg. 8(3)(4))
F4Words in art. 98A(2)(a) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(5)(a)(i), 23(2) (with s. 22(1))
F5Words in art. 98A(2)(b) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(5)(a)(ii), 23(2) (with s. 22(1))
F6Words in art. 98A(2)(b) substituted (6.4.2013) by Consumer Insurance (Disclosure and Representations) Act 2012 (c. 6), ss. 11(4)(b), 12(2) (with s. 12(4)(5)); S.I. 2013/450, art. 2
F7Art. 98A(3)(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), regs. 1, 7(3) (with reg. 8(3)(4))
F8Art. 98A(5) added (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(5)(c), 23(2) (with s. 22(1))