Section 63: Duty to give information to third parties

63. Duty to give information to third parties (1) A person against whom a claim is made in respect of such liability as is required to be covered by a policy under section 57 (1) (b) shall, on demand by or on behalf of the person making the claim— (a) state whether or not— (i) he was insured; or (ii) he would have been insured if the insurer had not avoided or cancelled the policy, in respect of that liability by any policy having effect under this Part; and (b) give such particulars with respect to that policy as were specified in the certificate of insurance issued under section 57 (3). (2) (a) Where— (i) a person becomes bankrupt or makes a composition or arrangement with his creditors; (ii) a winding up order is made or a resolution for a voluntary winding up is passed with respect to any company; (iii) a receiver or manager of the company’s business or undertaking is appointed; or (iv) possession is taken by or on behalf of the holders of any debentures secured by a floating charge, or any property comprised in or subject to a charge, the bankrupt, debtor, personal representative of the deceased debtor, or company, and, as the case may be, the trustee, liquidator, receiver, manager or person in possession of the property shall, at the request of any person claiming that the bankrupt, debtor, deceased debtor or company is under a liability to him, give such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him under this Act and enforcing any such rights. (b) A contract of insurance, in so far as it purports, whether directly or indirectly— (i) to avoid the contract or alter the rights of the parties under it upon the giving of any information under paragraph (a); or (ii) otherwise to prohibit or prevent the giving of any information under paragraph (a), shall be of no effect. (3) Where the information given to any person under subsection (2) discloses a reasonable ground for supposing that there have, or may have, been transferred to him under this Act rights against any particular insurer, that insurer shall be subject to the same duty as is imposed under subsection (2). (4) The duty to give information under this section shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant [Issue 1] R27 – 56 Revised Laws of Mauritius documents in the possession or power of the person on whom the duty is imposed to be inspected and copies to be taken. (5) Any person who, without reasonable excuse— (a) fails to comply with this section; or (b) wilfully makes any false or misleading statement in reply to a demand under this section, shall commit an offence.