|
|
Miscellaneous provisions in relation to insured or guaranteed moneys.
|
78.—(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner or the driver of a mechanically propelled vehicle or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had notice) recovered judgment against such owner or driver for a sum (whether liquidated or unliquidated) against the liability for which such owner or driver is insured by an approved policy of insurance or the payment of which by such owner or driver is guaranteed by an approved guarantee or in respect of which such owner or driver is covered by an approved combined policy and guarantee the claimant may serve on (as the case may be) the vehicle insurer by whom such policy or policy and guarantee was issued or the vehicle insurer or the vehicle guarantor by whom such guarantee was issued a notice in writing of the claim or judgment for such sum and upon the service of such notice such of the following provisions as are applicable shall have effect, that is to say:—
|
|
| |
(a) such vehicle insurer shall not after service of such notice pay to such owner or driver in respect of the sum so claimed or recovered by the claimant any greater amount than the amount (if any) which such owner or driver shall have actually paid to the claimant in respect of such sum;
|
|
| |
(b) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof, such vehicle insurer or vehicle guarantor shall pay to the claimant so much of the moneys (whether damages, or costs) for which judgment was or is so recovered as such vehicle insurer or vehicle guarantor has insured or guaranteed and is not otherwise paid to such claimant and such payment shall as against the insurer or principal debtor be a valid payment under such approved policy of insurance or approved combined policy and guarantee or approved guarantee;
|
|
| |
(c) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof and has not recovered from such owner or driver or such vehicle insurer or vehicle guarantor the whole amount of such judgment, the claimant may apply to the Court in which he recovered such judgment for leave to execute such judgment against such vehicle insurer or vehicle guarantor and thereupon such Court may, if it thinks proper, grant such application either in respect of the whole amount of such judgment or in respect of any specified part of such amount;
|
|
| |
(d) where the claimant has not so recovered judgment for such sum, the claimant may apply to any court of competent jurisdiction in Saorstát Eireann in which he desires to institute proceedings for the recovery of such sum from such owner or driver for leave to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor (as the case may be) in lieu of such owner or driver, and such court, if satisfied that such owner or driver is not in Saorstát Eireann or cannot be found or cannot be served with the process of such court or that it is for any other reason just and equitable that such application should be granted, may grant such application, and thereupon the claimant shall be entitled to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor and to recover therein from such vehicle insurer or vehicle guarantor any sum which he would be entitled to recover from such owner or driver and the payment of which such vehicle insurer or vehicle guarantor has insured or guaranteed;
|
|
| |
(e) such vehicle insurer or vehicle guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of such policy of insurance, guarantee, or combined policy and guarantee (as the case may be) arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting a misdemeanour under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Part of this Act.
|
|
| |
(2) Where a person (hereinafter referred to as the insured) who has effected an approved policy of insurance, or approved combined policy and guarantee, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body is wound up or, if a partnership or other unincorporated association, is dissolved, moneys payable to the insured under such policy or policy and guarantee shall be applicable only to discharging in full all valid claims by third parties against the insured in respect of which such moneys are payable and no part of such moneys shall be assets of the insured or applicable to the payment of the debts (other than such claims) of the insured in such bankruptcy or insolvency or in the administration of the estate of such insured or in such winding-up or dissolution, and no such claim shall be provable in such bankruptcy, insolvency, administration, winding-up, or dissolution.
|
|
| |
(3) This section only applies to claims against the liability for which an insurance or a guarantee or a combined insurance and guarantee is required by this Part of this Act to be effected and does not extend or apply to claims (whether in fact covered or not covered by an approved policy of insurance or an approved guarantee) in respect of which no such insurance or guarantee is so required.
|
|
| |
(4) References in this section to the owner or to the driver of a mechanically propelled vehicle shall, where the context so admits, be construed as including the personal representative of such owner or such driver, as the case may be.
|
