QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.52ARecovery of contribution by or from Nominal Defendant in certain cases
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### sec.52A Recovery of contribution by or from Nominal Defendant in certain cases
This section applies if—
the Nominal Defendant is 1 of 2 or more insurers liable on a claim; and
the claim is not a claim in relation to which the insurers are, under the industry deed and within the time stated in the deed, required to resolve questions about—
which insurer is to be the claim manager; and
the basis on which claim costs are to be shared between the insurers.
The relevant provision of the industry deed dealing with claims for which the requirement to resolve the questions is imposed is section 5 (1) .
For the recovery of contribution by or from the Nominal Defendant, the Law Reform Act 1995 , part 3 , division 2 applies as if the Nominal Defendant were a tortfeasor.
s 52A ins 1997 No. 57 s 28
amd 2019 No. 36 s 32 sch 1
(sec.52A-ssec.1) This section applies if— the Nominal Defendant is 1 of 2 or more insurers liable on a claim; and the claim is not a claim in relation to which the insurers are, under the industry deed and within the time stated in the deed, required to resolve questions about— which insurer is to be the claim manager; and the basis on which claim costs are to be shared between the insurers. The relevant provision of the industry deed dealing with claims for which the requirement to resolve the questions is imposed is section 5 (1) .
(sec.52A-ssec.2) For the recovery of contribution by or from the Nominal Defendant, the Law Reform Act 1995 , part 3 , division 2 applies as if the Nominal Defendant were a tortfeasor.
- (a) the Nominal Defendant is 1 of 2 or more insurers liable on a claim; and
- (b) the claim is not a claim in relation to which the insurers are, under the industry deed and within the time stated in the deed, required to resolve questions about— (i) which insurer is to be the claim manager; and (ii) the basis on which claim costs are to be shared between the insurers. Editor’s note— The relevant provision of the industry deed dealing with claims for which the requirement to resolve the questions is imposed is section 5 (1) .
- (i) which insurer is to be the claim manager; and
- (ii) the basis on which claim costs are to be shared between the insurers.
- (i) which insurer is to be the claim manager; and
- (ii) the basis on which claim costs are to be shared between the insurers.