33AAvoidance of certain provisions in contracts of insurance

33A Avoidance of certain provisions in contracts of insurance

S. 33A(1) amended by Nos 94/2003 s. 34(13), 65/2010 s. 389, 55/2017 s. 40.

(1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of the master of a vessel having a concentration of alcohol present in his or her breath or blood as indicated by an analysis of his or her breath or blood of not more than 0∙05 grams per 210 litres of exhaled air or 100 millilitres of blood (as the case requires).

(2) Subsection (1) applies to a contract of insurance whether entered into before or after the commencement of section 11 of the Marine (Amendment) Act 1993.

S. 33B inserted by No. 66/2012 s. 17.