sec.41Insurer must attempt to resolve claim

### sec.41 Insurer must attempt to resolve claim Within 6 months after an insurer receives notice of a claim under this division, the insurer must— take reasonable steps to inform itself of the circumstances of the motor vehicle accident out of which the claim arises; and give the claimant written notice stating— whether liability is admitted or denied; and if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and if the claimant is not a participant in the injury insurance scheme but the insurer considers the claimant may be an eligible person—that the claimant may be an eligible person; and if the claimant made an offer of settlement in the notice of claim, inform the claimant whether the insurer accepts or rejects the offer or, if the claimant did not make an offer of settlement in the notice, invite the claimant to make a written offer of settlement. As soon as practicable after an insurer receives notice of a claim under the division, the insurer must— make a fair and reasonable estimate of the damages to which the claimant would be entitled in an action against the insurer; and make a written offer (or counter offer) of settlement to the claimant setting out in detail the basis on which the offer is made, or settle the claim by accepting an offer made by the claimant. If a notice of claim is not given as required under this division, the insurer is taken to receive the notice when— the insurer gives the claimant notice that the insurer waives compliance with the requirement that has not been complied with or is satisfied the claimant has taken reasonable action to remedy the noncompliance; or the court makes a declaration that the claimant is taken to have remedied the noncompliance, or gives leave to bring a proceeding based on the claim despite the noncompliance. An offer (or counter offer) of settlement must be accompanied by a copy of medical reports, assessments of cognitive, functional or vocational capacity, or other material in the offerer’s possession that may help the person to whom the offer is made make a proper assessment of the offer. An insurer or claimant to whom a written offer (or counter offer) of settlement is made must (unless a response to the offer is to be made under subsection (1) (c) ) respond in writing to the offer, within 3 months after receiving it, indicating acceptance or rejection of the offer. An admission of liability by an insurer under this section— is not binding on the insurer on another claim arising out of the same motor vehicle accident; and is not binding on the insurer at all if it later appears the admission was induced by fraud. s 41 amd 2000 No. 17 s 21 ; 2016 No. 34 s 160 ; 2019 No. 36 s 32 sch 1 (sec.41-ssec.1) Within 6 months after an insurer receives notice of a claim under this division, the insurer must— take reasonable steps to inform itself of the circumstances of the motor vehicle accident out of which the claim arises; and give the claimant written notice stating— whether liability is admitted or denied; and if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and if the claimant is not a participant in the injury insurance scheme but the insurer considers the claimant may be an eligible person—that the claimant may be an eligible person; and if the claimant made an offer of settlement in the notice of claim, inform the claimant whether the insurer accepts or rejects the offer or, if the claimant did not make an offer of settlement in the notice, invite the claimant to make a written offer of settlement. (sec.41-ssec.2) As soon as practicable after an insurer receives notice of a claim under the division, the insurer must— make a fair and reasonable estimate of the damages to which the claimant would be entitled in an action against the insurer; and make a written offer (or counter offer) of settlement to the claimant setting out in detail the basis on which the offer is made, or settle the claim by accepting an offer made by the claimant. (sec.41-ssec.3) If a notice of claim is not given as required under this division, the insurer is taken to receive the notice when— the insurer gives the claimant notice that the insurer waives compliance with the requirement that has not been complied with or is satisfied the claimant has taken reasonable action to remedy the noncompliance; or the court makes a declaration that the claimant is taken to have remedied the noncompliance, or gives leave to bring a proceeding based on the claim despite the noncompliance. (sec.41-ssec.4) An offer (or counter offer) of settlement must be accompanied by a copy of medical reports, assessments of cognitive, functional or vocational capacity, or other material in the offerer’s possession that may help the person to whom the offer is made make a proper assessment of the offer. (sec.41-ssec.5) An insurer or claimant to whom a written offer (or counter offer) of settlement is made must (unless a response to the offer is to be made under subsection (1) (c) ) respond in writing to the offer, within 3 months after receiving it, indicating acceptance or rejection of the offer. (sec.41-ssec.6) An admission of liability by an insurer under this section— is not binding on the insurer on another claim arising out of the same motor vehicle accident; and is not binding on the insurer at all if it later appears the admission was induced by fraud. - (a) take reasonable steps to inform itself of the circumstances of the motor vehicle accident out of which the claim arises; and - (b) give the claimant written notice stating— (i) whether liability is admitted or denied; and (ii) if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and (iii) if the claimant is not a participant in the injury insurance scheme but the insurer considers the claimant may be an eligible person—that the claimant may be an eligible person; and - (i) whether liability is admitted or denied; and - (ii) if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and - (iii) if the claimant is not a participant in the injury insurance scheme but the insurer considers the claimant may be an eligible person—that the claimant may be an eligible person; and - (c) if the claimant made an offer of settlement in the notice of claim, inform the claimant whether the insurer accepts or rejects the offer or, if the claimant did not make an offer of settlement in the notice, invite the claimant to make a written offer of settlement. - (i) whether liability is admitted or denied; and - (ii) if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and - (iii) if the claimant is not a participant in the injury insurance scheme but the insurer considers the claimant may be an eligible person—that the claimant may be an eligible person; and - (a) make a fair and reasonable estimate of the damages to which the claimant would be entitled in an action against the insurer; and - (b) make a written offer (or counter offer) of settlement to the claimant setting out in detail the basis on which the offer is made, or settle the claim by accepting an offer made by the claimant. - (a) the insurer gives the claimant notice that the insurer waives compliance with the requirement that has not been complied with or is satisfied the claimant has taken reasonable action to remedy the noncompliance; or - (b) the court makes a declaration that the claimant is taken to have remedied the noncompliance, or gives leave to bring a proceeding based on the claim despite the noncompliance. - (a) is not binding on the insurer on another claim arising out of the same motor vehicle accident; and - (b) is not binding on the insurer at all if it later appears the admission was induced by fraud.