158Recovery of claims under professional indemnity insurance

158 Recovery of claims under professional indemnity insurance

(1)  Subject to subsection (2) , the Board may, before making a determination under section 157(1) , require the applicant to institute proceedings to recover any sum under professional indemnity insurance.

(2)  If the Board requires the applicant to institute proceedings, the Trust –

(a) may take such action as it considers appropriate to aid the applicant; and

(b) must pay out of the Guarantee Fund the costs and other expenses necessarily incurred by the applicant in instituting the proceedings and not otherwise recoverable.