s.5Certain conditions in policies to be of no effect
5
Section 5Part 0 —

Certain conditions in policies to be of no effect

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Any condition in a policy issued or given for the purposes of this Law, providing that no liability shall arise under the policy or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall be of no effect in connection with such claims as are mentioned in paragraph (b) of section 4(1):
Provided that nothing in this subsection shall be taken to render void any provision in a policy requiring the person insured to repay to the insurer any sums which the latter may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties.
Where a certificate of insurance has been issued under section 4(3) in favour of the person by whom a policy has been effected, so much of a policy as purports to restrict the insurance of the persons insured thereby by reference to —
the age or physical or mental condition of persons driving vehicles;
the condition of the vehicle;
the number of persons that the vehicle carries;
the weight or physical characteristics of the goods that the vehicle carries;
the times at which or the areas within which the vehicle is used;
the horsepower or value of the vehicle;
the carrying on the vehicle of any particular apparatus; or
the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Traffic Law, 2011 [Law 26 of 2011],
shall, as respects such liabilities as are required to be covered by a policy under paragraph (b) of section 4(1), be of no effect:
Provided that nothing in this subsection shall require an insurer to pay any sum in respect of —
the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person; or
a liability in respect of the death of, bodily injury of, or damage to the property of, any person who, at the time the liability arose, was a willing passenger in or upon the vehicle and knew or had reason to believe that it was being driven without the permission of the owner, not being a person who first had such knowledge or belief after he entered in or upon the vehicle and who could not in the circumstances reasonably have been expected to have alighted therefrom.

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