Jersey Law 17/1989

 

MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (AMENDMENT No. 7) (JERSEY) LAW, 1989.

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A LAW     to amend further the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948, sanctioned by Order of Her Majesty in Council of the

 

1st day of November, 1989.

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(Registered on the 1st day of December, 1989.)

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STATES OF JERSEY.

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The 13th day of June, 1989.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

After paragraph (2) of Article 1 of the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948, as amended1 (hereinafter referred to as “the principal Law”) there shall be inserted the following paragraph –

“(3)        In this Law, any reference to an accident includes a reference to two or more causally related accidents.”

ARTICLE 2

In sub-paragraph (a) of paragraph (6) of Article 2 of the principal Law2

(a)     for the words “of fifteen thousand pounds sterling” there shall be substituted the words “specified in and”; and

(b)     for the expressions “35(4)” and “1930” there shall be substituted the expressions “144(1)” and “1988” respectively.

ARTICLE 3

In Article 3 of the principal Law3

(a)     in paragraph (1) –

(i)      in sub-paragraph (b) after the word “person” in the second place where it occurs there shall be inserted the words “or damage to property”; and

(ii)     in the proviso thereto for clause (iii) there shall be substituted the following clauses –

“(ii)   the provision of insurance for more than two hundred and fifty thousand pounds in respect of all such liabilities as may be incurred in respect of damage to property caused by, or arising out of, any one accident involving the vehicle; or

(iii)    liability in respect of the damage to the vehicle; or

(iv)    liability in respect of damage to goods carried for hire or reward in or on the vehicle or in or on any trailer (whether or not coupled) drawn by the vehicle; or

(v)     any liability of a person in respect of damage to property in his custody or under his control, or

(vi)    any contractual liability.”;

(b)     in the proviso to paragraph (2) for the words “fifty pounds sterling” and “five pounds sterling” there shall be substituted the words “two thousand pounds and thirty-seven pence” and “two hundred pounds and four pence” respectively.

ARTICLE 4

In Article 7 of the principal Law4

(a)     for paragraph (1) there shall be substituted the following paragraphs –

“(1)        This Article applies where after a certificate of insurance has been delivered under Article 6 of this Law to the person by whom a policy has been effected a judgment to which this paragraph applies is obtained.

(1A)      Paragraph (1) of this Article applies to judgments relating to a liability with respect to any matter liability with respect to which is required to be covered by a policy of insurance under Article 3 of this Law if –

(a)     it is a liability covered by the terms of the policy to which the certificate relates, and the judgment is obtained against any person who is insured by the policy; or

(b)     it is a liability, other than an excluded liability, which would be so covered if the policy insured all persons and the judgment is obtained against any person other than one who is insured by the policy.

(1B)       In deciding for the purposes of paragraph (1A) of this Article whether a liability is or would be covered by the terms of a policy, so much of the policy as purports to restrict the insurance of the persons insured by the policy by reference to the holding by the driver of the vehicle of a licence authorising him to drive it shall be treated as of no effect.

(1C)       In sub-paragraph (b) of paragraph (1A) of this Article “excluded liability” means a liability in respect of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use which gave rise to the liability, was allowing himself to be carried in or upon the vehicle and knew or had reason to believe that the vehicle had been stolen or unlawfully taken, not being a person who did not know and had no reason to believe that the vehicle had been stolen or unlawfully taken until after the commencement of his journey and could not reasonably have been expected to have alighted from the vehicle.

(1D)       In paragraph (1C) of this Article the reference to a person being carried in or upon a vehicle includes a reference to a person entering or getting on to, or alighting from, the vehicle.

(1E)       Notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, he shall, subject to the provisions of this Article, pay to the persons entitled to the benefit of the judgment –

(a)     as regards liability in respect of death or bodily injury, any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments is payable in respect of interest on that sum;

(b)     as regards liability in respect of damage to property, any sum required to be paid under paragraph (1F) of this Article; and

(c)     any amount payable in respect of costs.

(1F)       This paragraph requires the payment –

(a)     where the total of any amounts paid, payable or likely to be payable under the policy in respect of damage to property caused by, or arising out of, the accident in question does not exceed two hundred and fifty thousand pounds, of any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments is payable in respect of interest on that sum;

(b)     where that total exceeds two hundred and fifty thousand pounds, of either –

(i)      such proportion of any sum payable under the judgment in respect of the liability as two hundred and fifty thousand pounds bears to that total, together with the same proportion of any sum which, by virtue of any such enactment, is payable in respect of interest on that sum; or

(ii)     the difference between the total of any amounts already paid under the policy in respect of such damage and two hundred and fifty thousand pounds, together with such proportion of any sum which, by virtue of any such enactment, is payable in respect of interest on any sum payable under the judgment in respect of the liability as the difference bears to that sum;

whichever is less, unless not less than two hundred and fifty thousand pounds has already been paid under the policy in respect of such damage (in which case nothing is payable).”;

(b)     in sub-paragraph (c) of paragraph (2), after the words “death or bodily injury” there shall be inserted the words “or damage to property”; and

(c)     after paragraph (4) there shall be inserted the following paragraphs –

“(4A)   Where an insurer becomes liable under this Article by virtue only of the operation of paragraph (1B) of this Article to pay an amount in respect of a liability of a person who is insured by a policy he shall be entitled to recover the amount from that person.

(4B)     Where an insurer becomes liable under this Article to pay an amount in respect of a liability of a person who is not insured by a policy, he shall be entitled to recover the amount from that person or from any person who –

(a)     is insured by the policy by the terms of which the liability would be covered if the policy insured all persons; and

(b)     caused or permitted the use of the vehicle which gave rise to the liability.”.

ARTICLE 5

This Law may be cited as the Motor Traffic (Third-Party Insurance) (Amendment No. 7) (Jersey) Law, 1989 and shall come into force on such day as the States may by Act appoint.

 

E.J.M. POTTER

 

Greffier of the States.



1        Tome VII, page 484.

2        Tome VII, page 485, and Volume 1979–1981, page 109.

3        Tome VII, page 485.

4        Tome VII, page 488.


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