Consultation Paper Privity of Contract


(ii) Third Parties (Rights against Insurers) Ordinance (Cap 273)



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(ii) Third Parties (Rights against Insurers) Ordinance (Cap 273)

1.17 Under Cap 273, a third party may in specified circumstances step into the shoes of the insured and enforce his rights under the policy by suing the insurance company directly. According to section 2, where a person who is insured against liabilities to third parties under a contract of insurance becomes bankrupt, makes a composition or an arrangement with his creditors, or is wound up, his rights under the contract of insurance are transferred to the third party to whom the liability was incurred. In other words, the third party has a direct cause of action against the insurer.






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