5Leave to proceed

#### 5 Leave to proceed 5 Leave to proceed > > (1) Proceedings may not be brought, or continued, against an insurer under section 4 except by leave of the court in which the proceedings are to be, or have been, commenced. > > > (2) An application for leave may be made before or after proceedings under section 4 have been commenced. > > > (3) Subject to subsection (4), the court may grant or refuse the claimant’s application for leave. > > > (4) Leave must be refused if the insurer can establish that it is entitled to disclaim liability under the contract of insurance or under any Act or law.