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offers certain claims by third partien. (Cap. 173.1
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Provided that an authorized insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subsection as respects any judgment obtained in proceedings commenced before the commencement of that action, unless before or within days after the commencement of that action be has given notice thereof to the person who is the plaintiff in the sail proceedings specifying the non-disclosure or false representa. tion on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto.
(4) If the amount which an authorized insurer becomes liable under this section to pay in respect of a liability of a person insured by a policy exceeds the amount for which he would, apart from this section, be liable under the policy in reapeet of that liability, he shall be entitled to recover the excess from that person.
(5) In this section, the expression "material" means of such a mature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions; and the expression "liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy.
107G. Where a policy of insurance has been issued under section 107D in favour of any person, the happening in relation to any person insured by the policy of any such eveal as is mentioned in subsection (1) or (2) of section 1 of the Third Parties (Rights against Insurers) Ordinance shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 107041X(5), but nothing to dis section shall affect any rights against the authorized insurg conferred by that Ordinance on the person to whom the liability was incurred.
197H. (1) Where a policy of insurance has been issued under section 107D in favour of any person, so much of polides envering the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following malers-
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risks.
(a) the age or physical or mental condition of persons
in charge of the pleasure vessel; or
(b) the condition of the vessel; or
(c) the number of persons that the vessel carries; of
(ɗ) the times at which or the areas within which the
vessel is used; or
(e) the horsepower or value of the vessel's engine; of
(f) the carrying on the vessel of any particular
apparatus; or
(e) the carrying on the vessel of any particular means
of identification other than any means of identifica tion required to be carried by or under this Ordin ance or any regulations made hereunder,
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shall, as respects such liabilities as are required to be covered by a policy under section 107D(138), be of no effect:
Provided that nothing in this section shall required an authorized insurer to pay any sum in respect of the liability of any person otherwise than in or towards the dischargo of that liability, and any sum paid by an authorized 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.
(2) Where a person uses, or causes or permits any person to use, a pleasure vessel in the waters of the Colony in such circumstances that under section 107C there is required to be in force in relation to his use of it such a policy of insurance in respect of third party risks as complies with the requirements of this Part, then, if any other person is carried aboard the vessel while the user is so using R, any antecedent agreement or understanding between then (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be bold-
(a) to negative or restrict any such fability of the user in respect of persons carried in or upon the vessel as is required by section 1070(1)(5) to be covered by a policy of insurance; or
(4) to impose any conditions with respect to the enforce-
ment of any "such liability of the user,
and the fact that a person so carried bas willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user.
(3) For the purposes of subsection (2)—–—–
(a) references to a person being carried aboard a pleasure vesse] [nclude references to a person board- ing or disembarking from, the vessel; and (6) the reference to any antecedent agreement is to one
made at any time before the liability arose,
107T, (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by A policy under section 107D(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purpose of this Part, of would have been so insured if the authorized insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give particulars with respect to that policy.
(2) If, without reasonable excuse, any person fails to comply with subsection (1), or wilfully makes any false stalement in reply to any such demand, he commits an offence and is liable to a fine of $1,000 and to imprisonment for 3 months.
107. The owner of a pleasure vessel which is being used in the waters of the Colony, or any person so using a pleasure vessel, shall, on being so required by any police officer, the Director or any officer authorized by the Director, produce his policy of insurance, and if he fails to do so he commits an offence and is liable to a fine of $1,000 and to imprisonment for 3 month;
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