Merchant Shipping (Oil Pollution) Act 1994 · s 13

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13.
Rights of third parties against insurers
(1) Where it is alleged that the owner of a ship has incurred a liability under section 3 or 3A while there was in force a contract of insurance or other financial security to which such a certificate as is mentioned in section 11 or 11A, respectively, relates, proceedings to enforce a claim in respect of the liability may be instituted against the person who provided the insurance or other financial security
(referred to in this section as “the insurer”).
(2)  In any proceedings instituted against the insurer by virtue of this section, the insurer may invoke the defences (other than bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke, and it shall be a defence to prove that the pollution damage resulted from the wilful misconduct of the owner himself.
(3)  The insurer may limit his liability in respect of claims made against him by virtue of this section in like manner and to the same extent as the owner of a ship may limit his liability under subsection 6(2) or 6A(2), as the case may be, even if the owner, in accordance with subsection 6(3) or 6A(3), as the case may be, is not entitled to limit his liability.
(4)  Where the owner of a ship and the insurer each applies to the
Court for the limitation of his liability any payment or any deposit of a bank guarantee or security into the Court in pursuance of either

24                                    Laws of Malaysia                             ACT 515
application shall be treated as paid or deposited also in pursuance of the other.

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s 13Rights of third parties against insurers

(1)

Where it is alleged that the owner of a ship has incurred a liability under section 3 or 3A while there was in force a contract of insurance or other financial security to which such a certificate as is mentioned in section 11 or 11A, respectively, relates, proceedings to enforce a claim in respect of the liability may be instituted against the person who provided the insurance or other financial security

(referred to in this section as “the insurer”).

(2)

In any proceedings instituted against the insurer by virtue of this section, the insurer may invoke the defences (other than bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke, and it shall be a defence to prove that the pollution damage resulted from the wilful misconduct of the owner himself.

(3)

The insurer may limit his liability in respect of claims made against him by virtue of this section in like manner and to the same extent as the owner of a ship may limit his liability under subsection 6(2) or 6A(2), as the case may be, even if the owner, in accordance with subsection 6(3) or 6A(3), as the case may be, is not entitled to limit his liability.

(4)

Where the owner of a ship and the insurer each applies to the

Court for the limitation of his liability any payment or any deposit of a bank guarantee or security into the Court in pursuance of either

24 Laws of Malaysia ACT 515

application shall be treated as paid or deposited also in pursuance of the other.