Section 59: Void conditions of policy or security
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.
59. Void conditions of policy or security
(1) A condition in a policy or security issued or given under this Part,
providing that—
(a) no liability shall arise under the policy or security;
(b) any liability arising under the policy or security 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 connection with such claims as specified in section 57 (1) (b).
[Issue 3] R27 – 50
Revised Laws of Mauritius
(2) Nothing in this section shall render void a provision in a policy or security requiring the insured or secured person to repay to the insurer or the
giver of the security any sum which—
(a) the insurer or the giver of the security may have become liable
to pay under the policy or security; or
(b) has been applied to the satisfaction of the claim of a third party.
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Questions this section answers
- Can my insurer refuse to pay a third party claim based on a condition in my policy?