34SAmounts paid before payment of exceptional claims indemnity

#### 34S Amounts paid before payment of exceptional claims indemnity (1) If: (a) an amount (the insurance payment) has been paid under a contract of insurance that provides medical indemnity cover for a person (the practitioner) in relation to a liability of the practitioner; and (b) another amount (not being an amount referred to in subsection (2)) has been paid to the practitioner, the insurer or another person in relation to the incident or incidents to which the liability relates; and (c) the other amount was not taken into account in working out the amount of the insurance payment; and (d) if the other amount had been taken into account in working out the amount of the insurance payment, a lesser amount would have been paid under the contract of insurance in relation to the liability; then, for the purpose of calculating the amount of exceptional claims indemnity (if any) that is payable in relation to a liability of the practitioner, the lesser amount is taken to have been the amount of the insurance payment. (2) This section does not apply to any of the following: (a) an amount paid to an insurer by another insurer under a right of contribution; (b) a payment of high cost claim indemnity; (ba) a payment of run‑off cover indemnity; (c) an amount of a kind specified in the rules for the purposes of this paragraph.