424Nominal defendant may recover from insolvent insurer

424 Nominal defendant may recover from insolvent insurer (1) If the nominal defendant becomes the insurer for an MAI policy in place of an insolvent insurer under section 423, any costs reasonably incurred by the nominal defendant for the following become debts of the insolvent insurer to the nominal defendant and provable in the insolvency: (a) applications for defined benefits in relation to motor accidents for which the insolvent insurer was the relevant insurer; (b) motor accident claims under an MAI policy for which the insolvent insurer was the insurer. (2) The costs that become the debts of the insolvent insurer under subsection (1) have the same order of priority in the winding-up of the insolvent insurer as they would if the nominal defendant were an MAI insured person under the MAI policy. (3) If an application for defined benefits or a motor accident claim for which costs are incurred by the nominal defendant is covered by a contract of reinsurance, the nominal defendant succeeds to the rights of the insolvent insurer under the contract of reinsurance.