45Adjustments, where inter-insurer dispute, before assessment of damages

#### 45 Adjustments, where inter-insurer dispute, before assessment of damages 45 Adjustments, where inter-insurer dispute, before assessment of damages > > (1) This section applies to proceedings in which a designated insurer makes one or more interim payments before damages are assessed. > > > (2) The Tribunal or an arbitrator or referee may make such orders with respect to the interim payments as may be just, and in particular may order one or more of the following— > > > > > (a) the repayment by the plaintiff of all or part of any interim payment, with or without interest, > > > > > (b) the variation or discontinuance of any such payments, > > > > > (c) the payment by another party to the proceedings of all or part of any interim payment that the defendant is entitled to recover from that party. > > > (3) The Tribunal may make an order under this section— > > > > > (a) in making a final judgment or order, or > > > > > (b) in granting the plaintiff leave to discontinue the proceedings or to withdraw the claim, or > > > > > (c) on the application of any party, at any other stage in the proceedings. > > > (4) Subject to any direction of the Tribunal, an arbitrator or referee may make an order under this section in the course of an arbitration under section 38, on the application of any party. > > **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \[12\].