NSWIn ForceAct
Motor Accidents Compensation Act 1999
22Extension of indemnity to insured person’s estate
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Motor Accidents Compensation Act 1999.
#### 22 Extension of indemnity to insured person’s estate
22 Extension of indemnity to insured person’s estate
(cf s 24 MAA)
> > (1) A third-party policy, to the extent of the insurance effected by that policy—
> >
> > > (a) extends, if the insured person is dead, to indemnify the insured person’s estate against—
> > >
> > > > (i) liability arising under any cause of action which, by virtue of section 2 of the [Law Reform (Miscellaneous Provisions) Act 1944](/view/html/inforce/current/act-1944-028), survives against the insured person’s estate, and
> > >
> > > > (ii) liability arising by operation of section 2 (4) of that Act, and
> >
> > > (b) extends to indemnify the insured person or, if the insured person is dead, to indemnify the insured person’s estate against—
> > >
> > > > (i) liability arising where the insured person or, as the case may be, the insured person’s estate has in any proceedings been joined as an alternative defendant, and
> > >
> > > > (ii) liability arising where the insured person or, as the case may be, the insured person’s estate has served or has been served with a notice in writing under section 3 (1) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033), and
> > >
> > > > (iii) liability arising where the insured person or, as the case may be, the insured person’s estate claims contribution from some other person as a joint tortfeasor or has a claim made against the insured person or the insured person’s estate, as the case may be, as a joint tortfeasor.
>
> > (2) In subsection (1), insured person means a person who is insured or indemnified against liability in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle under—
> >
> > > (a) a third-party policy, or
> >
> > > (b) a policy of insurance complying with the provisions of any law in force in any part of the Commonwealth (other than this State) which requires the owner or driver of a motor vehicle to be insured against any such liability, or
> >
> > > (c) the provisions of any other law in force in any part of the Commonwealth (other than this State) which indemnify the owner or driver of a motor vehicle against any such liability.