119Joinder of insurer where false claim alleged

#### 119 Joinder of insurer where false claim alleged 119 Joinder of insurer where false claim alleged (cf s 66A MAA) > > (1) If— > > > > > (a) court proceedings have been commenced against a person in respect of a claim, and > > > > > (b) the person’s insurer has given the plaintiff particulars alleging that the claim has not been made in good faith, > > > > the insurer may apply to the court to be joined as a party to the proceedings. > > > (2) If the court gives the insurer leave to be joined as a party, the insurer may call as a witness any person able to give evidence relating to the occurrence out of which the claim arose or evidence of other matters relating to the claim, including a person who was, at the time of the occurrence, the owner or the driver of the motor vehicle. > > > (3) The insurer may examine the witness as to the occurrence out of which the claim arose and may also, with the leave of the court, examine the witness as to— > > > > > (a) any other claim in which the witness was involved either as a claimant, a witness or an owner or driver of the motor vehicle, and > > > > > (b) the credibility of the witness. > > > (4) If the court gives leave to do so, the insurer may— > > > > > (a) cross-examine the witness, and > > > > > (b) lead other evidence to refute the evidence given by the witness, > > > > as to any or all of the matters as to which the insurer might have examined the witness under subsection (3). > > > (5) Any right to examine or cross-examine a witness arising under this section is additional to and not in diminution of any right to examine or cross-examine the person arising under any other law. > > > (6) This section applies despite anything to the contrary in section 38 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025). > > > (7) Subsections (3)–(6) apply to a licensed insurer as defendant in relation to any claim in the same way as those subsections apply to a licensed insurer who is granted leave to be joined as a party.