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(1)The Board shall not by virtue of any provision of sections 6 to 8 above be required to secure any sum for a policyholder in respect of a policy of a company in liquidation which was a United Kingdom policy at the beginning of the liquidation or (as the case may be) for a person entitled to the benefit of a judgment by reference to any liability (or any part of any liability) of a company in liquidation which is duplicated by the liability of any other authorised insurance company which is not a company in liquidation.
(2)A liability of a company towards a policyholder is duplicated by the liability of another company for the purposes of subsection (1) above in so far as that other company is also under a liability, under the terms of any general policy which was a United Kingdom policy at the beginning of the first-mentioned company’s liquidation, to make any payment to or on behalf of the policyholder in respect of the matter to which the liability of the first-mentioned company relates.
(3)A liability of a company in respect of a sum payable under section 149 of the M1Road Traffic Act 1972 [F2section 151 of the Road Traffic Act 1988] or [F3Article 98 of the Road Traffic (Northern Ireland) Order 1981] to a person entitled to the benefit of a judgment is duplicated by the liability of another company for the purposes of subsection (1) above in so far as that other company is also liable under either [F4that section or that Article] to pay any sum to that person in respect of the same judgment.
Textual Amendments
F2Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 5, Sch. 3 para. 14(3), Sch. 4 paras. 1, 2
F3Words substituted by S.I. 1981/160, art. 6(c)(i)
F4Words substituted by S.I. 1981/160, art. 6(c)(ii)
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