Singapore legislation

Section 11

of Motor Vehicles (Third-Party Risks and Compensation) Act 1960

Section 11

Duty to give necessary information to third parties

Amended by40/2018

(1)

Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 4(1)(b) must on demand by or on behalf of the person making the claim state whether or not the person was insured in respect of that liability by any policy having effect for the purposes of this Act or would have been so insured if the insurer had not avoided or cancelled the policy and if the person was or would have been so insured give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect of the policy under section 4(9).

(2)

In the event of —

(a)

any person becoming bankrupt or making a composition or arrangement with the person’s creditors or in the event of an order being made under section 419 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the estate of any person; or

(b)

a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or a receiver or manager of the company’s business or undertaking being duly appointed or possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge,it is the duty of the bankrupt debtor, personal representative of the deceased debtor or company and (as the case may be) of the Official Assignee, trustee, liquidator, receiver or manager or person in possession of the property, to give, at the request of any person claiming that the bankrupt debtor, deceased debtor or company is under a liability to that person, any information that may reasonably be required by that person for the purpose of ascertaining whether any rights have been transferred to and vested in that person by this Act and for the purpose of enforcing those rights, if any.

Amended by40/2018

(3)

Any contract of insurance, insofar as it purports, directly or indirectly, to avoid the contract or to alter the rights of the parties under the contract upon the giving of any such information in the events mentioned in subsection (2) or otherwise to prohibit or prevent the giving thereof in those events, is of no effect.

(4)

If the information given to any person under subsection (2) discloses reasonable ground for supposing that there have or may have been transferred to the person under this Act rights against any particular insurer, that insurer is subject to the same duty as is imposed by that subsection on the persons mentioned in that subsection.

(5)

The duty to give information imposed by this section includes a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.

(6)

If without reasonable excuse any person fails to comply with this section or wilfully makes any false or misleading statement in reply to any such demand as aforesaid, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a second or subsequent conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.