Revised Laws of Saint Lucia (2021)

11.   Avoidance of restrictions on scope of policies covering third-party risks

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   (1)   Despite any provision to the contrary in this Act, where a certificate of insurance has been delivered under section 4(8) to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured by the policy by reference to any of the following matters, that is to say—

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      (a)     the age or physical or mental condition of persons driving the vehicle;

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      (b)     the condition of the vehicle;

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      (c)     the number of persons that the vehicle carries;

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      (d)     the weight or physical characteristics of the goods that the vehicle carries;

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      (e)     the times at which or the areas within which the vehicle is used;

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      (f)     the horse power or value of the vehicle;

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      (g)     the carrying on the vehicle of any particular apparatus;

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      (h)     the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under this Act; or

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      (i)     persons named in the policy who may or may not drive the vehicle,

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   shall, as respects such liabilities as are required to be covered by a policy under section 4(1)(b) be of no effect.

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   (2)   This section shall not 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.

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   (3)   Where a person uses a motor vehicle in such circumstances that under section 3 there is required to be in force in relation to his or her use of the vehicle such a policy of insurance as is mentioned in section 3, then, if any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held—

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      (a)     to negate or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 4 to be covered by a policy of insurance; or

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      (b)     to impose any conditions with respect to the enforcement of any such liability of the user, and the fact that a person so carried has willingly accepted as his or hers the risk of negligence on the part of the user shall not be treated as negating any such liability of the user.

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   (4)   For the purposes of subsection (3) reference to a person being carried in or upon a vehicle includes references to a person entering or getting on to, or alighting from, the vehicle, and the reference to an antecedent agreement is to one made at any time before the liability arose.