126ALiability as between approved insurers

126A Liability as between approved insurers (1) Subject to subsection (2), where an employer is liable under this Act to pay compensation to a worker, the approved insurer of the employer at the time the claim is made shall indemnify the employer for the full amount of the employer's liability to the worker notwithstanding that the approved insurer may allege that, at the time the injury was sustained or the disease was caused, the liability to indemnify the employer (whether in whole or in part) was that of another approved insurer. (2) Where an approved insurer who has indemnified an employer for the employer's liability to pay compensation to a worker under this Act is aware that another approved insurer may be liable to indemnify the employer for all or a part of the compensation paid, the first-mentioned insurer: (a) shall notify the other insurer as soon as practicable after becoming aware of the insurer's potential liability; and (b) may, within 6 months after becoming aware of the other insurer's potential liability or such longer period as the Court may allow: (i) commence proceedings in the Court to recover from the other insurer all or a part of the compensation paid; or (ii) where other proceedings in respect of the claim for compensation have been commenced, join the other insurer as a party to those proceedings. (3) Where an approved insurer has indemnified an employer for the employer's liability to pay compensation to a worker under this Act and it is subsequently established that another approved insurer was liable to indemnify that employer in whole or in part, that other insurer shall reimburse the first-mentioned insurer such amount or amounts: (a) as agreed between the 2 insurers; or (b) in the absence of such agreement, as the Court determines. (4) In this section, approved insurer includes: (a) a self-insurer; and (b) the Territory.

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