Singapore legislation
Section 55
of Deposit Insurance and Policy Owners’ Protection Schemes Act 2011
Section 55
Powers of liquidator in respect of claims against insured policy owner
(1)
Subject to subsection (3), despite any written law or rule of law, where —
the Agency has paid compensation out of the PPF Life Fund or the PPF General Fund in accordance with this Act to —
any insured policy owner;
any trustee of a trust of an insured policy;
any beneficiary of an accidental death insurance cover; or
any combination of persons mentioned in sub‑paragraphs (i), (ii) and (iii);
such compensation is, or will be, accorded priority in the event of the winding up of the failed PPF Scheme member under section 123 of the Insurance Act 1966; and
the failed PPF Scheme member has one or more existing claims against the insured policy owner,the liquidator may bring legal proceedings with respect to those claims in the name, and on behalf, of the failed PPF Scheme member against the insured policy owner or any person who received compensation on behalf of the insured policy owner, to recover such moneys as may be necessary to put the failed PPF Scheme member into the position it would have been as against the insured policy owner with respect to those claims, if —
the Agency had not paid out any compensation or been accorded priority under section 123 of the Insurance Act 1966 in respect of the compensation paid to the insured policy owner; and
the liquidator had applied the same rules with regard to the respective rights of debts provable and the valuation of future and contingent liabilities as are in force for the time being under the law relating to bankruptcy in relation to the estates of persons adjudged bankrupt, as if the failed PPF Scheme member were a person so adjudged.
(2)
Such moneys are recoverable as a debt due to the failed PPF Scheme member by the insured policy owner or any person who received compensation on behalf of the insured policy owner.
(3)
This section does not apply to any moneys held by the Public Trustee pursuant to any payment of compensation by the Agency under section 52(3).
(4)
In this section, a reference to the insured policy owner includes, where compensation has been paid by the Agency under section 48(2) to a person entitled to accidental death benefit under the terms of an accidental death insurance cover provided by a PPF Scheme member to a customer before the inception of an insured policy, the customer of the PPF Scheme member.