QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.44Power of insurer to act for insured
Start here
Get a plain-English read of sec.44
Turn the raw legal text into a practical explanation grounded in Motor Accident Insurance Act 1994.
### sec.44 Power of insurer to act for insured
If a claim is made against an insured person, the insurer—
must undertake the conduct and control of negotiations and legal proceedings related to the claim; and
may compromise or settle the claim or legal proceedings related to the claim and act for the insured person in any other way in relation to the claim.
The insured person must sign any documents necessary to give effect to this section and, if the insured person does not sign or is dead, absent or can not be found, the insurer may sign for the insured person.
Nothing said or done by an insurer in connection with a claim, or legal proceedings related to a claim, is an admission of liability in, or otherwise prejudices or affects, another claim or proceedings arising out of the same circumstances.
s 44 amd 2019 No. 36 s 32 sch 1
(sec.44-ssec.1) If a claim is made against an insured person, the insurer— must undertake the conduct and control of negotiations and legal proceedings related to the claim; and may compromise or settle the claim or legal proceedings related to the claim and act for the insured person in any other way in relation to the claim.
(sec.44-ssec.2) The insured person must sign any documents necessary to give effect to this section and, if the insured person does not sign or is dead, absent or can not be found, the insurer may sign for the insured person.
(sec.44-ssec.3) Nothing said or done by an insurer in connection with a claim, or legal proceedings related to a claim, is an admission of liability in, or otherwise prejudices or affects, another claim or proceedings arising out of the same circumstances.
- (a) must undertake the conduct and control of negotiations and legal proceedings related to the claim; and
- (b) may compromise or settle the claim or legal proceedings related to the claim and act for the insured person in any other way in relation to the claim.