89AParties required to participate in settlement conference

89A Parties required to participate in settlement conference

89A Parties required to participate in settlement conference

(1) The parties to a claim must participate in a settlement conference as soon as practicable after the insurer makes an offer of settlement to the claimant under section 82.

(2) A claim cannot be referred to the Commission for assessment under this Part until the parties have participated in a settlement conference.

(3) A party can however refer a claim for assessment if the Commission is satisfied that the party is ready and willing to participate in a settlement conference but the other party has refused or failed to participate despite having had a reasonable opportunity to do so.

(4) A settlement conference is a conference, the purpose of which is to settle the claim, in which the following persons participate—

(a) the claimant, the claimant’s guardian or some other person authorised by the claimant to settle the claim on the claimant’s behalf,

(b) a person authorised by the insurer to settle the claim on the insurer’s behalf.

s 89A: Ins 2007 No 95, Sch 1 [57]. Am 2020 No 18, Sch 6.7[35] [36].