Insurer to be joint or sole defendant
272 Insurer to be joint or sole defendant
This section applies if—
a claimant brings a court proceeding based on a motor accident claim; and
the respondent is an insured person or an insurer for the claim.
The claimant must bring the proceeding against the insured person and the insurer as joint defendants.
However, the claimant may bring a proceeding against the insurer alone if—
the insured person cannot be identified; or
the insured person is dead; or
it is impracticable to give the insured person a legal document.
If judgment is given in favour of the claimant on the motor accident claim for the personal injury, the judgment must be given against the insurer and not the insured person, and, if the proceeding involves other claims (unrelated to the personal injury), a separate judgment must be given on the other claims.
It is not a defence to a proceeding under this section if the insurer proves that—
an MAI policy was obtained by fraud, or a material misstatement or nondisclosure; or
the insured person is in breach of a contractual or statutory obligation.
This Act’s bill:Explanatory statementSecond reading speech
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