Cap. 104 Art. 9FCentral repositary.

(1) The Minister responsible for transport shall provide, by way of regulations under this article, for the setting up of a central repositary to collect all information in electronic form to facilitate the availability in due time to the injured parties, their insurers or their legal respresentatives of the basic data necessary for the settlement of claims.

(2) The information mentioned in subarticle (1) shall be collected and made available to the injured party, their insurers or their legal representatives notwithstanding the provisions of the Data Protection Act. by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the authorized insurer may be entitled to avoid or cancel, or may have avoided or cancelled the policy, the authorized insurer shall, subject to the provisions of this article, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum and that sentence shall two days after it is notified on the insurer by judicial act constitute an executive act against the insured for all purposes of the Code of

Organization and Civil Procedure, and may be enforced against him.

(2) No sum shall be payable by an authorized insurer under the foregoing provisions of this article -

(a) in respect of any judgment, unless before or within seven days after the conclusion of the evidence of the plaintiff in the proceedings in which the judgment was given, the authorized insurer had notice of the bringing of the proceedings by means of a judicial act; or

(b) in respect of any judgment, so long as execution thereon 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 was cancelled by mutual consent or by virtue of any provision contained therein, and -

(i) either before the happening of the said event the certificate was surrendered to the authorized insurer, or the person to whom the certificate was issued, made and delivered to the authorized insurer a sworn declaration stating that the certificate had been lost or destroyed, or

(ii) after the happening of the said event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy, the certificate was surrendered to the authorized insurer or the person to whom the certificate was issued, made and delivered such sworn declaration as aforesaid, or

(iii) before the happening of the said event, the authorized insurer has filed a judicial letter against the person to whom the certificate was issued, made or delivered, in respect of the failure to surrender such certificate, and such letter was notified in writing to such person at least two working days before the happening of policy, the authorized insurer has commenced proceedings under this Ordinance in respect of the failure to surrender such certificate.

(3) No sum shall be payable by an authorized insurer under the foregoing provisions of this article, 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 that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular, or, if he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in it:

Provided that an authorized insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subarticle 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 thereof by means of a judicial act to the person who is the plaintiff in the said proceedings specifying the non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto.

(4) If the amount which an authorized insurer becomes liable under this article to pay in respect of a liability of a person insured by a policy exceeds the amount for which he would, apart from the provisions of this article, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person.

(5) In this article, the expression "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, and the expression "liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered but for the fact that the authorized insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy.

(6) Proceedings shall be deemed to have been commenced on the date on which a sworn application is filed in any court having civil jurisdiction.

(7) In this Ordinance references to a certificate of insurance in any provision relating to the surrender, or the loss or destruction, of a certificate of insurance shall, in relation to policies under which more than one certificate is issued, be construed as references to all the certificates, and shall, where any copy has been issued of any certificate, be construed as including a reference to that copy. an action or to proceedings shall be deemed to include reference to arbitration proceedings and to the said article 166A under the said Act.