Section 60: Avoidance of restrictions
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.
60. Avoidance of restrictions
(1) Where a certificate of insurance has been issued under section 57 (3)
to the person by whom a policy has been effected, so much of the policy as
purports to restrict the insurance of the persons insured by reference to—
(a) the age, physical or mental condition of a person driving the
vehicle;
(b) the fact that a person driving the vehicle is not licensed to drive
a motor vehicle;
(c) the fact that a person driving the vehicle does so without the
owner’s consent;
(d) the condition of the vehicle;
(e) the number of persons that the vehicle carries;
(f) the weight or physical characteristics of the goods that the vehicle carries;
(g) the time at which, or the areas within which, the vehicle is used;
(h) the horse power, cubic capacity or value of the vehicle;
(i) the transportation on the vehicle of a particular apparatus; or
(j) the transportation on the vehicle of any particular means of identification other than that required under Part II,
shall, as respects such liabilities as are required to be covered by a policy
under section 57 (1) (b), be of no effect.
(2) Nothing in this section shall require an insurer to pay any sum in respect of the liability of a person otherwise than in or towards the discharge
of that liability.
(3) Any sum paid by an insurer in or towards the discharge of any liability
of a person which is covered by the policy by virtue only of this section shall
be recoverable by the insurer from that person.
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Questions this section answers
- Can my insurer refuse a third party claim just because the driver was unlicensed or driving without my consent?