The Laws of Fiji
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Last Updated: 1 January 2019
AN ACT TO REGULATE CONTRACTS OF INSURANCE AND THE PRACTICES OF INSURERS, BROKERS, AGENTS AND OTHER INSURANCE INTERMEDIARIES IN RELATION TO SUCH CONTRACTS AND RELATED MATTERS
[INSL 10] Rights of third party to recover against insurer10
10
- (a)the insured under a contract of liability insurance is liable in damages to a person (in this section called the “third party”);
- (b)the insured has died or cannot, after reasonable enquiry, be found; and
- (c)the contract provides insurance cover in respect of the liability,
the third party may recover from the insurer an amount equal to the insurer's liability under the contract in respect of the insured's liability in damages.
(2) A payment under subsection (1) is a discharge, to the extent of the payment in respect of—
- (a)the insurer's liability under the contract; and
- (b)the liability of the insured or of his or her legal personal representative to the third party.
(3) This section does not affect any right that the third party has in respect of the insured's liability, being a right under some other law of Fiji.
(4) This section applies to or in relation to contracts and proposed contracts in relation to personal injury or death as a result of an accident arising out of and in the course of employment.
[subs (4) am Act 40 of 2017 s 37, effective 1 January 2018; Act 30 of 2018 s 3, effective 1 January 2019]