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Workers Compensation Act 1951
179EEntitlement of insurers to reimbursement from temporary
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179E Entitlement of insurers to reimbursement from temporary
fund
(1) If this part applies to an insurer because of an act of terrorism, the
insurer is entitled to be reimbursed from the temporary fund the
insurer’s uninsured liability for the act of terrorism less the temporary
fund threshold amount that applies to the insurer in relation to the act
of terrorism.
(2) However, the insurer is entitled to be fully reimbursed from the
temporary fund the insurer’s uninsured liability for another act of
terrorism that happens not later than 1 year after the day the act of
terrorism mentioned in subsection (1) happens.
(3) Subsection (2) applies only if the insurer has acted honestly and taken
all proper and business-like steps to—
(a) obtain reinsurance for the insurer’s liability to pay compensation
for injuries or deaths (or both) caused by the later act of
terrorism; and
(b) demand the maximum amounts the insurer may demand under
the reinsurance contracts held by the insurer that apply in
relation to the later act of terrorism.
insurer’s uninsured liability, for an act of terrorism, means the total
of the amounts paid by the insurer for claims for compensation for
injuries or deaths (or both) caused by the act of terrorism less all
amounts that are recoverable (or to the extent that they are
recoverable) by the insurer under the reinsurance contracts held by
the insurer that apply in relation to the claims.