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 amended
(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
Law –
(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 Law –
(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 Law –
(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.