338Claims manager’s functions

338 Claims manager’s functions (1) This section applies if the nominal defendant engages a claims manager to manage— (a) an application for defined benefits; or (b) a motor accident claim. (2) A claims manager may do the following in relation to an application for defined benefits: (a) investigate the application; (b) approve the application; (c) refuse to approve the application; (d) ask for additional information in relation to the application; (e) if the applicant was covered at the time of injury by an MAI policy issued by a licensed insurer—exercise any right of the insurer arising from, or in relation to, the policy; (f) anything prescribed by regulation. (3) A claims manager may do the following in relation to a motor accident claim: (a) investigate the claim; (b) negotiate the terms of settlement of the claim, either by payment of a lump sum or by weekly payments in accordance with this Act; (c) if the claimant was covered at the time of injury by an MAI policy issued by a licensed insurer—exercise any right of the insurer arising from, or in relation to, the policy; (d) anything prescribed by regulation.

(4) Subsection (3) does not authorise a claims manager to— (a) pay an amount to satisfy a claim; or (b) recover an amount owed to a licensed insurer against whom a claim is made under this Act. (5) A claims manager may also exercise any other function given to the claims manager under this Act or any other territory law. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 A provision of a law that gives an entity (including a person) a function