Section 98
Duty to give necessary information to third parties
Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under paragraph 91(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purposes of this Part or would have been so insured if the insurer had not avoided or cancelled the policy and, if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in respect thereof under subsection 91(4).
(2)
In the event of any person becoming bankrupt or making a composition or arrangement with his creditors or in the event of an order being made under any law relating to bankruptcy in respect of the estate of any person or in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company’s business or undertaking being appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge, on any property comprised in or subject to the charge it shall be the duty of the bankrupt debtor, personal representative of the deceased debtor or company and, as the case may be, of the Director
General of Insolvency, trustee, liquidator, receiver or manager or person in possession of the property to give, at the request of any person claiming that the bankrupt debtor, deceased debtor or company is under a liability to him, 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
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this Act and for the purpose of enforcing such rights, if any, and any contract of insurance in so far as it purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of any such information in the events aforesaid or otherwise to prohibit or prevent the giving thereof in the said events shall be of no effect.
(3)
If the information given to any person in pursuance of subsection (2) discloses 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 by the said subsection on the persons therein mentioned.
(4)
The duty to give information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.
(5)
If without reasonable excuse any person fails to comply with this section or willfully makes any false or misleading statement in reply to any such demand as aforesaid he shall be guilty of an offence.