4Claimant may recover from insurer in certain circumstances

#### 4 Claimant may recover from insurer in certain circumstances 4 Claimant may recover from insurer in certain circumstances > > (1) If an insured person has an insured liability to a person (the claimant), the claimant may, subject to this Act, recover the amount of the insured liability from the insurer in proceedings before a court. > > > (2) The amount of the insured liability is the amount of indemnity (if any) payable pursuant to the terms of the contract of insurance in respect of the insured person’s liability to the claimant. > > > (3) In proceedings brought by a claimant against an insurer under this section, the insurer stands in the place of the insured person as if the proceedings were proceedings to recover damages, compensation or costs from the insured person. Accordingly (but subject to this Act), the parties have the same rights and liabilities, and the court has the same powers, as if the proceedings were proceedings brought against the insured person. > > > (4) This section does not entitle a claimant to recover any amount from a re-insurer under a contract or arrangement for re-insurance.