JUDGMENT

Kenneth St James JC:

( Section 96 Road Transport Act 1987 Declaration)

Prelusion

[1] The Plaintiff-Insurer (P) applies for a declaration under s 96(3) of the Road Transport Act 1987 ( RTA ) to declare that P is not liable to pay any Judgment sum in the personal injury claim the 1st Defendant (D1) filed against the 2nd Defendant (D2) (I will refer to this declaration as the "s 96(3) Declaration").

[2] P is D1's insurer. P seeks the s 96(3) Declaration on the ground that the insurance contract between P and D1 is "void or unenforceable".

[3] Should the s 96(3) Declaration be given to P?

Section 96 (3)

[4] The relevant parts of s 96, which disclose the terms of the s 96(3) Declaration, are set out below for reference (with the pertinent words highlighted in bold):

Section 96 . Duty of insurers to satisfy judgments against persons insured in respect of third party risks.

(1) If, after a certificate of insurance has been delivered under subsection 91(4) to the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under para 91(1)(b) (being a liability covered by the terms of the policy) is given against any perso