sec.38Multiple insurers

### sec.38 Multiple insurers If 2 or more motor vehicles are involved in a motor vehicle accident in circumstances in which 2 or more insurers may be liable on a claim arising out of the accident, 1 of the insurers (the claim manager ) is to act for all the insurers under this division and divisions 4 , 5 , 5A , 6 and 9 . The claim manager is to be decided by agreement between the insurers within 2 months of the day when notice of the claim was first given under this division or, if agreement is not reached within the period, the claim manager is to be decided under the industry deed. Until it is decided under subsection (2) who the claim manager is to be, the insurer to which notice of claim is first given under this division is the claim manager. The claim manager— may exercise the powers and perform the functions conferred by this division and divisions 4 , 5 , 5A , 6 and 9 in relation to the claim and the claimant for all insurers liable, or potentially liable, on the claim; and must act as far as practicable with the agreement of the other insurers; and is entitled to contributions from the other insurers on the basis prescribed by the industry deed for expenditure properly incurred as claim manager, and for amounts awarded or paid out on the claim. The claim manager and the other insurers must cooperate with each other and must provide each other with information in their possession relevant to the claim. If the Nominal Defendant is 1 of 2 or more insurers who may be liable on a claim because a motor vehicle that can not be identified was involved in the accident, another insurer may act for the Nominal Defendant under this section only if the Nominal Defendant agrees in writing. s 38 amd 2001 No. 85 s 8 ; 2013 No. 39 s 13 ; 2016 No. 34 s 158 ; 2019 No. 36 s 32 sch 1 (sec.38-ssec.1) If 2 or more motor vehicles are involved in a motor vehicle accident in circumstances in which 2 or more insurers may be liable on a claim arising out of the accident, 1 of the insurers (the claim manager ) is to act for all the insurers under this division and divisions 4 , 5 , 5A , 6 and 9 . (sec.38-ssec.2) The claim manager is to be decided by agreement between the insurers within 2 months of the day when notice of the claim was first given under this division or, if agreement is not reached within the period, the claim manager is to be decided under the industry deed. (sec.38-ssec.3) Until it is decided under subsection (2) who the claim manager is to be, the insurer to which notice of claim is first given under this division is the claim manager. (sec.38-ssec.4) The claim manager— may exercise the powers and perform the functions conferred by this division and divisions 4 , 5 , 5A , 6 and 9 in relation to the claim and the claimant for all insurers liable, or potentially liable, on the claim; and must act as far as practicable with the agreement of the other insurers; and is entitled to contributions from the other insurers on the basis prescribed by the industry deed for expenditure properly incurred as claim manager, and for amounts awarded or paid out on the claim. (sec.38-ssec.5) The claim manager and the other insurers must cooperate with each other and must provide each other with information in their possession relevant to the claim. (sec.38-ssec.6) If the Nominal Defendant is 1 of 2 or more insurers who may be liable on a claim because a motor vehicle that can not be identified was involved in the accident, another insurer may act for the Nominal Defendant under this section only if the Nominal Defendant agrees in writing. - (a) may exercise the powers and perform the functions conferred by this division and divisions 4 , 5 , 5A , 6 and 9 in relation to the claim and the claimant for all insurers liable, or potentially liable, on the claim; and - (b) must act as far as practicable with the agreement of the other insurers; and - (c) is entitled to contributions from the other insurers on the basis prescribed by the industry deed for expenditure properly incurred as claim manager, and for amounts awarded or paid out on the claim.