34ZEAggregating amounts paid or payable by an MDO and medical indemnity insurer

#### 34ZE Aggregating amounts paid or payable by an MDO and medical indemnity insurer (1) This section applies if: (a) an MDO pays, or is liable to pay, an amount in relation to a claim; and (b) a medical indemnity insurer also pays, or is also liable to pay, an amount in relation to the same claim (the insurer amount); and (c) but for this section, a run‑off cover indemnity in respect of the insurer amount would be payable to the insurer under section 34ZC; and (d) the medical indemnity 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; and (ii) to satisfy paragraphs 34ZC(1)(a) to (e) in relation to the insurer amount; and (b) a run‑off cover indemnity is not payable to the medical indemnity insurer in respect of the insurer amount.