1951-HKRS28-8-18_Part03 — Page 29

Certain

conditions

to policies

ог

securities

to be of

no effect. 20 & 21 Geo. 6.

c. 43. & 38.

in respect of the death of or bodily injury to any person arising out of the use of a motor vehicle on a road, and the person who has so died or been bodily injured has to the knowledge of the insurer or such owner as the case may be received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the injury so arising, there shall also be paid by the insurer or such owner to such hospital the expenses reasonably incurred by the hospital in affording such treatment, after deducting from such expenses any moneys actually received by the hospital in payment of a specific charge for such treatment: Provided that the amount to be paid by the insurer or such owner shall not exceed four hundred dollars for each person so treated as an in-patient, or eighty dollars for each person so treated as an out-patient.

(2) For the purposes of this section, the expression "hospital" means an institution (not being an institution carried on for profit) which provides medical or surgical treatment for in-patients and the expression "expenses reasonably incurred"

a:LE--་དར

(a) in relation to a person who receives treatment at a hospital as an in-patient, an amount for each day such person is maintained in such hospital representing the average daily cost for euch in-patient of the inaintenance of the hospital and the staff thereof and the maintenance and treatment of the in-patients therein; and

(b) in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred.

#. Any condition in a policy or security issued or given for the purposes of this Ordinance, providing that no liability shall arise under the policy or security, 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 or security, shall be of no effect in connexion with such claims as are mentioned in paragraph (b) of subsection (1) of section 6: Provided that nothing in this section shall be taken to render void any provisions in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may havê become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties.

persona

10. (1) If, after a certificate of insurance has been issued Duty of under subsection (3) of section 6 in favour of the person by whom insurers to

satisfy a policy has been effected, judgment in respect of any such judgments liability as is required to be covered by a policy under paragraph against (b) of subsection (1) of section 6 (being a liability covered by the insured in terms of the policy) is obtained against any person insured by respect of

third party the policy, then, notwithstanding that the insurer may be entitled risks. to avoid or cancel, or may have avoided or cancelled, the policy, Ged, the insurer shall, subject to the provisions of this section, pay to c. 60, n. 10. the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any law relating to interest on judgments.

(a) No sum shall be payable by an insurer under the fore- going provisions of this section-

(a) in respect of any judgment, unless before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings; or

(b) in respect of any judgment, so long as execution therenn

is stayed pending an appeal; or

(c) in connexion with any liability, if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability the policy was cancelled by mutual consent or by virtue of any provision contained therein, and either-

(i) before the happening of the said event the certificate of insurance was surrendered to the insurer, or the person in whose favour the certificate was issued made a statutory declaration stating that the certificate had been lost or destroyed; or

(ii) after the happening of the said event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer, or the person in whose favour the certificate was issued made such a statutory declara- tion as aforesaid; or

(iii) either before or after the happening of the said event, but within the said period of fourteen days, the insurer has commenced proceedings under this Ordinance in respect of the failure to surrender the certificate. (3) No sum shall be payable by an insurer under the fore- going provisions of this section, if, in an action commenced

24 & 25