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s 389

Suspended insurer selected after suspension

In force
Chapter 7MAI insurer licences
Part 7.5MAI insurer licences—suspension

389 Suspended insurer selected after suspension

(1)

If a suspended insurer is selected under part 6.4 (Selecting an MAI insurer) to be the MAI insurer for an MAI policy, the MAI commissioner must allocate another insurer under subsection (3) or (4) to be the MAI insurer for the MAI policy.

(2)

The MAI commission—

(a)

must consult with the remaining licensed insurers about their capacity to underwrite the suspended insurer’s MAI policies; and

(b)

may consult with any insurer the MAI commission considers may be appropriate to become a licensed insurer; and

(c)

must have regard to the result of any consultation with APRA relevant to the matter.

(3)

The MAI commission must randomly allocate the MAI policies to the remaining licensed insurers in proportion to their shares of the market for MAI insurance.

(4)

However, the MAI commission must not allocate MAI policies, if—

(a)

the MAI commission decides that the remaining licensed insurers do not have capacity to underwrite the MAI policies; or

(b)

an insurer mentioned in subsection (2) (b) becomes a licensed insurer.

Part 7.6 MAI insurer licences—occupational discipline

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