31Aggregating amounts paid or payable by an MDO and insurer

#### 31 Aggregating amounts paid or payable by an MDO and insurer (1) This section applies if: (a) an MDO pays, or is liable to pay, an amount in relation to a claim that relates to an incident or a series of incidents; and (b) an insurer also pays, or is also liable to pay, an amount (the insurer amount) in relation to the same claim or in relation to an eligible related claim; and (c) but for this section, a high cost claim indemnity in respect of the insurer amount: (i) would be payable to the insurer under subsection 30(1); or (ii) would be payable to the insurer under that subsection if paragraph 30(1)(f) were omitted; and (d) the insurer elects in writing to have this section apply to the insurer amount. (2) For the purposes of this Division (other than this section): (a) the MDO is taken: (i) to have paid, or to be liable to pay, the insurer amount in relation to the claim or eligible related claim; and (ii) to satisfy paragraphs 30(1)(e) and (2)(a) to (c) in relation to the insurer amount; and (iii) to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and (b) a high cost claim indemnity is not payable to the insurer in respect of the insurer amount.