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MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS) ACT
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16.   Duty to give necessary information to third parties

Revised Laws of Saint Lucia (2021)

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16.   Duty to give necessary information to third parties

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    (1)   Where—

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      (a)     any person becomes bankrupt;

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      (b)     any person makes a composition or arrangement with his or her creditors;

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      (c)     an order has been made under article 621 of the Commercial Code in respect of the estate of any person;

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      (d)     a winding up order has been made or a resolution for a voluntary winding up has been passed with respect to any company;

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      (e)     a receiver or manager of the company's business or undertaking has been duly appointed; or

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      (f)     possession has been 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,

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    it shall be the duty of the bankrupt, debtor, personal representative of the deceased debtor or company, and, as the case may be, of the trustee in bankruptcy, 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 him or her, such information as may reasonably be required by him or her for the purpose of—

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      (i)     ascertaining whether any rights have been transferred to and vested in him or her by this Act, and

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      (ii)     enforcing the rights referred to in subparagraph (i), if any.

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    (2)   Any contract of insurance, in so far as it purports, whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of any information in the events specified in subsection (1) or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.

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    (3)   If the information given to any person in pursuance of subsection (1) discloses reasonable grounds for supposing that there have or may have been transferred to him or her under this Act rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said subsection on the persons therein mentioned.

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    (4)   The duty to give information imposed by this section shall include 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.

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