Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 150: Rights of third parties against insurers on insolvency of the insured
a) Where under any
contract of insurance effected in accordance with the provisions of this
Chapter, a person is insured against liabilities which he may incur to third
parties, then—
- in the event of the person becoming insolvent or making
a composition or arrangement with his creditors, or
- where the insured person is a company, in the event of
a winding-up order being made or a resolution for a voluntary winding-up
being passed with respect to the 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, if, either before or after that event, any such liability is
incurred by the insured person, his rights against the insurer under the
contract in respect of the liability shall, notwithstanding anything to
the contrary in any provision of law, be transferred to and vest in the
third party to whom the liability was so incurred.
b) Where an order for
the administration of the estate of a deceased debtor is made according to the
law of insolvency, then, if any debt provable in insolvency is owing by the
deceased in respect of a liability to a third party against which he was
insured under a contract of insurance in accordance with the provisions of this
Chapter, the deceased debtor’s rights against the insurer in respect of that
liability shall, notwithstanding anything to the contrary in any provision of
law, be transferred to and vest in the person to whom the debt is owing.
c) Any condition in a
policy issued for the purposes of this Chapter purporting either directly or
indirectly to avoid the policy or to alter the rights of the parties thereunder
upon the happening to the insured person of any of the events specified in clause
(a) or clause (b) of sub-section (1) or upon the making of an order for the
administration of the estate of a deceased debtor according to the law of
insolvency shall be of no effect.
d) Upon a transfer
under sub-section (1) or sub-section (2), the insurer shall be under the same
liability to the third party as he would have been to the insured person, but—
- if the liability of the insurer to the insured person
exceeds the liability of the insured person to the third party, nothing in
this Chapter shall affect the rights of the insured person against the
insurer in respect of the excess, and
- if the liability of the insurer to the insured person
is less than the liability of the insured person to the third party,
nothing in this Chapter shall affect the rights of the third party against
the insured person in respect of the balance.