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Civil Law (Wrongs) Act 2002
206Amount of liability charge on insurance money payable
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206 Amount of liability charge on insurance money payable
against liability
(a) a person (the insured) has entered into a contract of insurance
by which the insured is indemnified against liability to pay
damages or compensation; and
(b) an event happens that gives rise to a claim against the insured
for damages or compensation.
(2) On the happening of the event, the amount of the insured’s liability
in relation to the event becomes a charge on all insurance money that
is or may become payable in relation to the liability.
(3) If, when the event happens, the insured is a corporation that is being
wound up, or if any subsequent winding-up of the insured is taken to
have begun on or before the happening of the event, subsection (2)
applies despite the winding-up.
(4) A charge under this section has priority over all other charges
affecting the insurance money.
(5) However, if the insurance money is subject to 2 or more charges
under this section—
(a) the charges have priority between themselves in the order of the
happening of the events out of which the liabilities arose; and
(b) charges that arise out of events happening on the same day rank
equally between themselves.