G. Protection for the OC and third parties

G. Protection for the OC and third parties

Duty of the OC to give information as to insurance

If a third party makes a claim against the OC, the OC must state whether it is insured in respect of the claim and give particulars of the policy within 10 days after receiving a written request.

Avoidance of restrictions in policies

The restriction will have no effect on any compensation paid by the insurance company if a policy restricts the OC’s insurance in any of the following ways:

1. the number of claims that may be made during the period the policy is in effect or any part of that period;
2. the age of the building to which the policy relates;
3. the condition or maintenance of the building;
4. the number of flats in the building;
5. the use of the building or parts thereof; or
6. the existence of a statutory instrument in relation to the building.

However, if the insurance policy includes terms relating to the above matters 1 to 6, the insurance company can make a claim against the OC after the insurance company pays compensation for bodily injury to, or the death of, a third party.

Avoidance of certain agreements or arrangements regarding liability to a third party

Any agreement between the OC and a third party that purports to negate or restrict any liability to the third party will be of no effect.

Winding up of the OC

If the OC becomes insolvent and is wound up, this will not affect the OC’s liability covered by the third party insurance policy.