17Application of claims assessment provisions (section 7.42 (2))

#### 17 Application of claims assessment provisions (section 7.42 (2)) 17 Application of claims assessment provisions (section 7.42 (2)) > The application of Subdivision 2 of Division 7.6 of the Act to the assessment of a dispute between a claimant and an insurer about a miscellaneous claims assessment matter is subject to the following modifications— > > > (a) the Subdivision is to be read as if sections 7.33–7.35, 7.36 (3) and 7.38 (2)–(4) were omitted, > > > (b) the requirement in section 7.36 (1) (a) to make an assessment of the issue of liability for the claim and the amount of damages for that liability is to be read as a requirement to make an assessment of the issues in dispute, > > > (c) the reference in section 7.38 (1) to an assessment of the issue of liability for a claim not being binding is to be read as a reference to— > > > > > (i) an assessment of a dispute about a miscellaneous claims assessment matter relating to a claim for statutory benefits being binding, subject to section 3.44 (Statutory benefits determinations relating to fault etc not binding in relation to common law claims), and > > > > > (ii) an assessment of a dispute about a miscellaneous claims assessment matter relating to a claim for damages not being binding. > > **cl 17:** Ins 2017 (639), Sch 1 \[3\].