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	Statutes of Northern Ireland
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THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930

THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930 -
LONG TITLE

An Act to confer on third parties rights against insurers of
third-party risks in the event of the insured becoming insolvent,
and in certain other events.{1}
[25th November 1930]
Rights of third parties against insurers on bankruptcy, etc., of the
insured.

THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930 -
SECT 1

1.(1) Where under any contract of insurance a person (in this Act
referred to as "the insured") is insured against liabilities to
third parties which he may incur, then

(a)in the event of the insured becoming bankrupt or making a
composition or arrangement with his creditors; or

(b)in the case of the insured being a company, in the event of a
winding-up order being made, or a resolution for a voluntary
winding-up being passed with respect to the company, or of a
receiver or manager of the company's business or undertaking being
duly appointed, or of possession being taken, by or on behalf of
the holders of any debentures secured by a floating charge, of any
property comprised in or subject to the charge;

(2) Where an order is made under section twenty-one of the
Bankruptcy Amendment Act (Northern Ireland), 1929, for the
administration of the estate of a deceased debtor according to the
law of bankruptcy, then, if any debt provable in bankruptcy is
owing by the deceased in respect of a liability against which he
was insured under a contract of insurance as being a liability to
a third party, the deceased debtor's rights against the insurer
under the contract in respect of that liability shall,
notwithstanding anything in the Bankruptcy Acts (Northern Ireland),
1857 to 1929, be transferred to and vest in the person to whom
the debt is owing.

(3) In so far as any contract of insurance made after the
commencement of this Act in respect of any liability of the insured
to third parties purports, whether directly or indirectly, to avoid
the contract or to alter the rights of the parties thereunder upon
the happening to the insured of any of the events specified in
paragraph (a) or paragraph (b) of sub-section (1) of this section
or upon the making of an order under section twenty-one of the
Bankruptcy Amendment Act (Northern Ireland), 1929, in respect of his
estate, the contract shall be of no effect.

(4) Upon a transfer under sub-section (1) or sub-section (2) of
this section, the insurer shall, subject to the provisions of
section three of this Act, be under the same liability to the
third party as he would have been under to the insured, but

(a)if the liability of the insurer to the insured exceeds the
liability of the insured to the third party, nothing in this Act
shall affect the rights of the insured against the insurer in
respect of the excess; and

(b)if the liability of the insurer to the insured is less than the
liability of the insured to the third party, nothing in this Act
shall affect the rights of the third party against the insured in
respect of the balance.

(5) For the purposes of this Act, the expression "liabilities to
third parties," in relation to a person insured under any contract
of insurance, shall not include any liability of that person in the
capacity of insurer under some other contract of insurance.

(6) This Act shall not apply

(a)where a company is wound up voluntarily merely for the purposes
of reconstruction or of amalgamation with another company; or

(b)to any case to which sub-sections (1) and (2) of section seven
of the Workmen's Compensation Act (Northern Ireland), 1927, apply.

THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930 -
SECT 2
Duty to give necessary information to third parties.

2.(1) 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 section twenty-one of the Bankruptcy
Amendment Act (Northern Ireland), 1929, 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 duly appointed or of possession being
taken by or on behalf of the holders of any debentures secured by
a floating charge of 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 official assignee or trustee in bankruptcy, 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 that
person for the purpose of ascertaining whether any rights have been
transferred to and vested in him by 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.

(2) If the information given to any person in pursuance of
sub-section (1) of this section discloses reasonable ground for
supposing that there have or may have been transferred to that
person under this Act rights against any particular insurer, that
insurer shall be subject to the same duty as is imposed by the
said sub-section on the persons therein mentioned.

(3) 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.

THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930 -
SECT 3
Settlement between insurers and insured persons.

3. Where the insured has become bankrupt or where, in the case of
the insured being a company, a winding-up order has been made or a
resolution for a voluntary winding-up has been passed with respect
to the company, no agreement made between the insurer and the
insured after liability has been incurred to a third party and
after the commencement of the bankruptcy or winding-up, as the case
may be, nor any waiver, assignment, or other disposition made by,
or payment made to, the insured after the commencement aforesaid
shall be effective to defeat or affect the rights transferred to
the third party under this Act, but those rights shall be the same
as if no such agreement, waiver, assignment, disposition or payment
had been made.

THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT (NORTHERN IRELAND) 1930 -
SECT 4
Short title.

4. This Act may be cited as the Third Parties (Rights against
Insurers) Act (Northern Ireland), 1930.