Cap. 41activeordinance

Insurance Ordinance

保險業條例

Full legislation

s.6A

Contracts of insurance entered into in contravention of section 6(1)

(1)
Where a contract of insurance in relation to any class of insurance business (not being reinsurance business) is entered into by an insurer in contravention of
section 6(1)
, the contract shall, at the option of the policy holder, be
either—
(a)
enforceable against the insurer by the policy holder, and notwithstanding that contravention; or
(b)
void by reason of that contravention.
(2)
A policy holder who in pursuance of subsection
(1
)(
b)
opts to void a contract of insurance before the expiration of the contract shall be entitled to recover any consideration paid by him under the contract.
(3)
Where a contract of insurance in relation to any class of insurance business (being reinsurance business) is entered into by an insurer in contravention of
section 6(1)
, the contract shall not be void or voidable by reason only of that contravention.
(4)
This section shall not apply to a contract of insurance entered into before the commencement of the Insurance Companies (Amendment) Ordinance 1990 (
44 of 1990
).