S.L. 403.25 · Insurance Business (Protection And (S.L. 403.25)
S.L. 403.25 Art. 30Reimbursement to the European compensationbody by Fund B or C.
PART IV
(1) Where an insurer or a European insurance undertaking, as the case may be, which carries on motor vehicle liability insurance business is subject to bankruptcy proceedings, winding up proceedings or any other equivalent proceedings, and the Management Committee receives a claim from the European compensation body in accordance with Articles 10a(10) and 25a(10) of the Motor Insurance Directive, the Management Committee shall, where:
(a) the accident occurs in a Member State outside Malta and the injured party resides in such Member State, and the policyholder of the vehicle causing the injuries is insured by an insurer, fully reimburse the European compensation body the sum paid by way of compensation to the injured party out of:
(i) Fund B, where the policy was issued by an insurer which carries on motor vehicle liability insurance business in Malta; and, or
(ii) Fund C, where the policy was issued by an insurer carrying on motor vehicle liability insurance business from Malta;
(b) the accident occurs in Malta and the injured party resides in a Member State outside Malta, and the policyholder of the vehicle causing the injuries is insured by an insurer, fully reimburse the European compensation body of the sum paid by way of compensation to the injured party out of:
(i) Fund B, where the insurer carries on motor vehicle liability insurance business in Malta; and, or
(ii) Fund C, where the insurer carries on motor vehicle liability insurance business from Malta.
(2) The Protection and Compensation Fund shall, after it has received a claim for reimbursement make payment to the European compensation body pursuant to sub-regulation (1) within a reasonable time not exceeding six (6) months, unless otherwise mutually agreed to in writing, which period shall start to run from the date it has received the claim for reimbursement.
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- S.L. 403.25 Art. 10a