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Part VIE+W+S Third-Party Liabilities

Modifications etc. (not altering text)

F1 Compulsory insurance ... E+W+S

Textual Amendments

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 F2... was cancelled by mutual consent or by virtue of any provision contained in it F3...

(i)before the happening of that event the certificate was surrendered to the insurer, or [F4(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 [F5(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)[F6No sum is payable by an insurer under section 151 of this Act 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 F7... , he is entitled to avoid [F8the policy under either of the relevant insurance enactments F9...] 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 [F10 under either of the relevant insurance enactments F11...] on that ground, that he was entitled so to do apart from any provision contained in [F12the policy F13...]

[F14and, 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.].

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(5)In this section, “relevant insurance enactment” means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015.]

Textual Amendments

F3Words in s. 152(1)(c) omitted (30.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 5; S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

F8Words in s. 152(2)(a) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(a)(i), 23(2) (with s. 22(1))

F10Words in s. 152(2)(b) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(a)(ii), 23(2) (with s. 22(1))

F16S. 152(5) added (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(c), 23(2) (with s. 22(1))

Modifications etc. (not altering text)

C3S. 152 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)