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].