sch.4-sec.5Obligation to resolve questions

sch.4-sec.5 Obligation to resolve questions

If 2 or more insurers are liable or potentially liable on a claim, other than a claim involving an unidentified vehicle, the insurers must resolve questions about which insurer is to be the claim manager and the basis on which claim costs are to be shared between them as soon as practicable after notice of the claim is given under part 4 , division 3 of the Act . If a question about which insurer is to be the claim manager, or about the basis on which claim costs are to be shared, has not been resolved within 2 months after the notice of claim is given, the question is taken to be in dispute between the insurers, and they must immediately give notice of the dispute to the commission. The commission may refer a dispute of which notice is given under subsection (2) to a referee. However, a question about the basis on which claim costs are to be shared between the insurers must not be referred to a referee if this deed prescribes the basis on which claim costs are to be shared in the absence of agreement between the insurers. Before the commission refers a disputed question to a referee under this section, the commission must obtain an assurance from the referee that the referee will, in the absence of unforeseen difficulties, be able to resolve the question within a reasonable period fixed by the commission. (sch.4-sec.5-ssec.1) If 2 or more insurers are liable or potentially liable on a claim, other than a claim involving an unidentified vehicle, the insurers must resolve questions about which insurer is to be the claim manager and the basis on which claim costs are to be shared between them as soon as practicable after notice of the claim is given under part 4 , division 3 of the Act . (sch.4-sec.5-ssec.2) If a question about which insurer is to be the claim manager, or about the basis on which claim costs are to be shared, has not been resolved within 2 months after the notice of claim is given, the question is taken to be in dispute between the insurers, and they must immediately give notice of the dispute to the commission. (sch.4-sec.5-ssec.3) The commission may refer a dispute of which notice is given under subsection (2) to a referee. (sch.4-sec.5-ssec.4) However, a question about the basis on which claim costs are to be shared between the insurers must not be referred to a referee if this deed prescribes the basis on which claim costs are to be shared in the absence of agreement between the insurers. (sch.4-sec.5-ssec.5) Before the commission refers a disputed question to a referee under this section, the commission must obtain an assurance from the referee that the referee will, in the absence of unforeseen difficulties, be able to resolve the question within a reasonable period fixed by the commission.