Section 34: Consequences of conflict of interest
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
34. Consequences of conflict of interest
(1) Notwithstanding sections 32 and 33, and subject to subsection (2), a
contract between an insurer and one or more of its officers, or between an
insurer and another entity of which an officer of the insurer is a director or
an officer or between an insurer and a person in which the officer has a material interest, shall not be void—
(a) by reason only of that relationship; or
(b) by reason only that a director with an interest in the contract is
present at or is counted to determine the presence of a quorum
at the meeting of directors or the committee of directors that
authorised the contract.
(2) A contract referred to in subsection (1) shall not be void except
where—
(a) the officer has failed to disclose his interest;
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Insurance Act
(b) the contract was not approved by the directors, or specifically
authorised by virtue of section 146 of the Companies Act; or
(c) it was not in the interest of the insurer at the time it was
approved.
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Questions this section answers
- Is an insurer's contract automatically void just because a director has an interest in it?