Malaysia legislation
Section 95
Section 95
Avoidance of restrictions on scope of third party risks policies
Where a certificate of insurance has been delivered under subsection 91(4) 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 any of the following matters:
(a)
the age or physical or mental condition of persons driving the motor vehicle;
(b)
the condition of the motor vehicle;
(c)
the number of persons that the motor vehicle carries;
(d)
the weight or physical characteristics of the goods that the motor vehicle carries;
(e)
the times at which or the areas within which the motor vehicle is used;
(f)
the horsepower or value of the motor vehicle;
(g)
the carriage on the motor vehicle of any particular apparatus;
(h)
the carriage on the motor vehicle of any particular means of identification other than any means of identification required to be carried under Part II;
(i)
the driver of the motor vehicle at the time of the accident being under the influence of intoxicating liquor or of a drug;
(j)
the driver of the motor vehicle at the time of the accident not holding a licence to drive or not holding a licence to drive the particular motor vehicle;
(k)
the motor vehicle being used for a purpose other than the purpose stated in the policy,
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shall, as respects such liabilities as are required to be covered by a policy under paragraph 91(1)(b), be of no effect:
Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an 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.
Duty of insurers to satisfy judgements against persons insured in respect of third party risks