430Nominal defendant may take legal proceeding

430 Nominal defendant may take legal proceeding (1) This section applies to a proceeding if— (a) the nominal defendant may take the proceeding for a person who is entitled (or who would be entitled but for the dissolution of the insolvent insurer), under an MAI policy issued by an insolvent insurer, to be indemnified against a motor accident claim or judgment arising from or relating to the MAI policy; and (b) the proceeding is for, or for enforcing or securing compliance with, any provision under this part or another Act. (2) The nominal defendant is taken to represent sufficiently the interests of the public and may take the proceeding in its own name. (3) The nominal defendant is entitled to be paid, out of the nominal defendant fund, all the costs and expenses incurred by the nominal defendant in exercising a function under this section.

Part 7.11 MAI insurer licences—miscellaneous Part 7.11 MAI insurer licences— 431 Insurer to deter fraudulent applications or claims An insurer must take all reasonable steps to deter and prevent the making of fraudulent applications for defined benefits or motor accident claims.