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s 273

Procedure if respondent is insurer

In force
Chapter 5Motor accident injuries—common law damages
Part 5.6No-fault motor accidents
Division 5.7.4Court proceedings

273 Procedure if respondent is insurer

(1)

This section applies if—

(a)

a claimant brings a court proceeding based on a motor accident claim; and

(b)

the respondent is an insured person or an insurer.

(2)

If the motor accident claim lies against 2 or more insurers, all insurers become defendants to the proceeding, but the respondents’ claim manager continues to represent all insurers in the proceeding unless the court gives leave allowing 1 or more of the insurers to be separately represented.

(3)

If a motor accident claim lies against 2 or more insurers, and a legal document related to a proceeding based on the motor accident claim is given to the respondents’ claim manager, all insurers are taken to have been given the legal document.

(4)

If a legal document related to a proceeding based on a motor accident claim is given to the insurer, the insured person is also taken to have been given the legal document.

(5)

In this section:

respondents’ claim manager—see the Civil Law (Wrongs) Act 2002, section 56.

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