Third Parties (Rights against Insurers) Act 1930 (repealed)

2 Duty to give necessary information to third parties. U.K.

(1) In the event of any person becoming bankrupt or making a composition or arrangement with his creditors, or in the event of [F1 the estate of any person falling to be administered in accordance with an order under section][F2 421 of the Insolvency Act 1986], or in the event of a winding-up order [F1 or an administration 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 trustee in bankruptcy, trustee, liquidator, [F1 administrator,] 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.

[F3 (1A) The reference in subsection (1) of this section to a trustee includes a reference to the supervisor of a [F4 voluntary arrangement proposed for the purposes of, and approved under, Part I or Part VIII of the Insolvency Act 1986]]

(2) If the information given to any person in pursuance of subsection (1) of this section 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 the said subsection on the persons therein mentioned.

(3) 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.

Textual Amendments

F1 Words inserted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 7(3)(a)

F2 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F3 S. 2(1A) added by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 7(3)(b)

F4 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14