Road Traffic Act 1988

152 Exceptions to section 151. E+W+S

(1) No sum is payable by an insurer under section 151 of this Act—

(a) in respect of any judgment unless, before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings, or

(b) in respect of any judgment so long as execution on the judgment is stayed pending an appeal, or

(c) in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the policy F1 ... was cancelled by mutual consent or by virtue of any provision contained in it F2 ...

(i) before the happening of that event the certificate was surrendered to the insurer, or [F3 (in the case of a certificate delivered otherwise than as described in section 147(1A) above)] the person to whom the certificate was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or

(ii) after the happening of that event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy or security, the certificate was surrendered to the insurer, or [F4 (in the case of a certificate delivered otherwise than as described in section 147(1A) above)] the person to whom it was delivered made a statutory declaration stating that the certificate had been lost or destroyed, or

(iii) either before or after the happening of that event, but within that period of fourteen days, the insurer has commenced proceedings under this Act in respect of the failure to surrender the certificate.

(2) [F5 No sum is payable by an insurer under section 151 of this Act in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the insurer has obtained a declaration—]

(a) that, apart from any provision contained in the policy F6 ... , he is entitled to avoid [F7 the policy under either of the relevant insurance enactments F8 ...] on the ground that it was obtained—

(i) by the non-disclosure of a material fact, or

(ii) by a representation of fact which was false in some material particular, or

(b) if he has avoided the policy [F9 under either of the relevant insurance enactments F10 ...] on that ground, that he was entitled so to do apart from any provision contained in [F11 the policy F12 ...]

[F13 and, for the purposes of this section, “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions.].

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 (5) In this section, “relevant insurance enactment” means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015.]

Textual Amendments

F1 Words in s. 152(1)(c) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 15(2) (with reg. 5)

F2 Words in s. 152(1)(c) omitted (30.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 5; S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

F3 Words in s. 152(1)(c)(i) inserted (30.4.2010) by The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010 (S.I. 2010/1117), art. 4(a)

F4 Words in s. 152(1)(c)(ii) inserted (30.4.2010) by The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010 (S.I. 2010/1117), art. 4(b)

F5 Words in s. 152(2) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), regs. 1, 6(2) (with reg. 8(1)(2))

F6 Words in s. 152(2)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 15(3)(a)(i) (with reg. 5)

F7 Words in s. 152(2)(a) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(a)(i), 23(2) (with s. 22(1))

F8 Words in s. 152(2)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 15(3)(a)(ii) (with reg. 5)

F9 Words in s. 152(2)(b) substituted (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(a)(ii), 23(2) (with s. 22(1))

F10 Words in s. 152(2)(b) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 15(3)(b)(i) (with reg. 5)

F11 Words in s. 152(2)(b) inserted (6.4.2013) by Consumer Insurance (Disclosure and Representations) Act 2012 (c. 6), ss. 11(3)(b), 12(2) (with s. 12(4)(5)); S.I. 2013/450, art. 2

F12 Words in s. 152(2)(b) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 15(3)(b)(ii) (with reg. 5)

F13 Words in s. 152(2) added (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 66; S.I. 1992/1286, art. 2,Sch.

F14 S. 152(3)(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), regs. 1, 6(3) (with reg. 8(1)(2))

F15 S. 152(5) added (12.8.2016) by Insurance Act 2015 (c. 4), ss. 21(4)(c), 23(2) (with s. 22(1))

Modifications etc. (not altering text)

C1 S. 152 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)