17ARights of insurer to challenge evidence where false claim alleged

#### 17A Rights of insurer to challenge evidence where false claim alleged 17A Rights of insurer to challenge evidence where false claim alleged > > (1) If: > > > > > (a) civil proceedings have been commenced against a person in respect of a claim (being a claim in respect of which the person is or may be indemnified under a contract of insurance), and > > > > > (b) the person’s insurer has given the plaintiff particulars alleging that the claim has not been made in good faith, > > > > the insurer may apply to the court to be joined as a party to the proceedings. > > > (2) If the court gives the insurer leave to be joined as a party, the insurer may call as a witness any person (including a defendant) able to give evidence relating to the occurrence out of which the claim arose or evidence of other matters relating to the claim. > > > (3) The insurer may examine the witness as to the occurrence out of which the claim arose and may also, with the leave of the court, examine the witness as to: > > > > > (a) any other claim in which the witness was involved, and > > > > > (b) the credibility of the witness. > > > (4) If the court gives leave to do so, the insurer may: > > > > > (a) cross-examine the witness, and > > > > > (b) lead other evidence to refute the evidence given by the witness, > > > > as to any or all of the matters as to which the insurer might have examined the witness under subsection (3). > > > (5) Any right to examine or cross-examine a witness arising under this section is additional to and not in diminution of any right to examine or cross-examine the person arising under any other law. > > > (6) This section applies despite section 53 of the [Evidence Act 1898](/view/pdf/asmade/act-1898-11). > > > (7) This section applies to an insurer as a defendant in relation to a claim (being a claim referred to in subsection (1)) in the same way as this section applies to an insurer who is granted leave to be joined as a party. > > > (8) This section does not apply to proceedings in respect of a claim under the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102), the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) or the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010). > > > (9) This section applies to civil proceedings commenced before or after the commencement of this section. > > **s 17A:** Ins 1991 No 46, sec 3. Am 1999 No 41, Sch 4.6; 2017 No 10, Sch 5.6.