Miscellaneous and general
Liability of insurersI116
1
If a compensation payment is made in a case where—
a
a person is liable to any extent in respect of the injury, and
b
the liability is covered to any extent by a policy of insurance,
the policy is also to be treated as covering any liability of that person under Article 3(2).
2
Liability imposed on the insurer by paragraph (1) cannot be excluded or restricted.
3
For that purpose excluding or restricting liability includes—
a
making the liability or its enforcement subject to restrictive or onerous conditions,
b
excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
c
excluding or restricting rules of evidence or procedure.
4
Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by paragraph (1).
5
This Article applies in relation to policies of insurance issued before (as well as those issued after) the date on which it comes into operation.
6
References in this Article to policies of insurance and their issue include references to contracts of insurance and their making.