44BChallenging claims for failure to comply with sec 44 or 44A

#### 44B Challenging claims for failure to comply with sec 44 or 44A 44B Challenging claims for failure to comply with sec 44 or 44A > > (1) If, within 2 months after receiving notice of a claim under section 43 (4), the insurer does not reject the claim for non-compliance with section 44, the insurer loses the right to challenge the claim on the ground of non-compliance with that section. > > > (2) If court proceedings are commenced in respect of a claim, an insurer who has not lost the right to challenge for non-compliance with section 44 may apply to have the proceedings dismissed on the ground of the relevant non-compliance only within 2 months after the statement of claim is served on the defendant and received by the insurer. > > > (3) A court may not dismiss proceedings if the relevant non-compliance is technical and of no significance. > > > (4) In this section, a reference to an insurer includes, in the case of a third-party insurer, a reference to the person against whom the claim is made. > > **s 44B:** Ins 1993 No 72, Sch 1 (8). Am 1995 No 66, Sch 1 \[16\]–\[18\].