S.L. 403.13 Art. 24Insurer concerned.

(1) Subject and without prejudice to the other provisions of this regulation, ''insurer concerned'' means the insurer who at the time of the accident which gave rise to a civil liability was providing insurance against such liability in respect of the vehicle arising out of the use of which the liability of the debtor was incurred.

(2) An insurer is the insurer concerned notwithstanding that -

(a) the insurance was arranged after the accident giving rise to a civil liability but purported to be effective at the time of such accident; or

(b) the insurance was obtained by fraud, misrepresentation, non-disclosure of material facts or mistake; or

(c) some term, description, limitation, exception or condition (whether expressed or implied) of the insurance or of the proposal form on which it is based expressly or by implication excludes the insurer’s liability whether generally or in the particular circumstances which gave rise to the liability of the debtor; or

(d) the debtor was in unauthorised possession of the vehicle arising out of the use of which the liability of the debtor was incurred; or

(e) the vehicle out of the use of which the civil liability of the debtor arose was, at the time when the liability was incurred -

(i) being used for a purpose not authorised under the terms of the insurance; or

(ii) being used by a person not authorised to drive the vehicle under the terms of the insurance: Provided that an insurer shall not be considered as the insurer concerned in the circumstances referred to in subparagraph (ii), if the death, bodily injury or damage to property is sustained by a person who voluntarily entered the vehicle which caused such death, bodily injury or damage to property when the insurer concerned can prove that such person knew it was uninsured;

(f) the driver of the vehicle out of the use of which the civil liability of the debtor was incurred was, at the time when the liability was incurred, disqualified from holding or obtaining a licence to drive the vehicle or had his licence suspended or had never validly held such licence.

(3) An insurer is not the insurer concerned -

(a) when the insurance was cancelled before the date on which the civil liability was incurred by agreement between the parties to the insurance and with the prior written permission of the Commissioner of Police; or

(b) when the civil liability was incurred after the cancellation of the insurance under a power of cancellation contained in such insurance and after notice of such cancellation was given to the Commissioner of Police in accordance with compulsory insurance legislation; or

(c) when the insurance has ceased to be operative before the date on which the civil liability was incurred by reason of a transfer of interest in the vehicle which the insurance purports to cover; or

(d) when the civil liability was incurred after a decision of a court of competent jurisdiction which has become res has declared the insurance void or judicata unforceable; or

(e) when the civil liability was incurred after the date on which the insurance has, by its term, lapsed.

(4) For the purposes of these regulations, an insurer of a motor trade road risk insurance covering unspecified vehicles shall, in respect of such vehicles and irrespective of the basis of the insurance, be the insurer concerned -

(a) in respect of vehicles not the property of the insured, if the vehicle in respect of which the claim arises was in the custody or control of the insured or was only removed from such custody or control without the authority of the insured; and

(b) in respect of vehicles which are the property of the insured, at all times, except that such insurer shall not be the insurer concerned in respect of any vehicle specifically excluded from the cover of the insurance by reference to its registration mark and number, or specifically insured in the name of the motor trader with another insurer; and where an insurer concerned under a motor trade risk insurance as aforesaid and an insurer concerned under a specified vehicle insurance are both involved in circumstances in which neither insurance is liable under its insurance, each of them shall be liable jointly and severally for any amount due by way of damages and costs in respect of any civil liability, such amount being due in the internal relations between such insurers as to one half each.

(5) Where a person entering Malta is insured, or holds a policy purporting to provide insurance, against civil liability and such insurance was lawfully issued in or from a country outside Malta by an insurer, or a subsidiary or associated company of an insurer, the company issuing the insurance shall be the insurer concerned in the event of the person insured becoming a debtor.

(6) For the purposes of this regulation a ''motor trade road risk insurance'' means a policy of insurance provided to a person engaged in the purchase, sale, repair, upkeep, servicing or maintenance of motor vehicles which indemnifies him in respect of liabilities to third parties arising out of the use of vehicles owned by him or in his custody or control whilst being used on the road.