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s 64

Allowable expenses—relevant insurer later rejects liability for defined benefits

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.3Application for defined benefits
Division 2.3.3Payment of allowable expenses

64 Allowable expenses—relevant insurer later rejects liability for defined benefits

(1)

This section applies if a relevant insurer pays an amount of allowable expenses to an applicant.

(2)

If the relevant insurer later rejects liability for defined benefits for the applicant, the following applies:

(a)

if the relevant insurer (the first insurer) rejects liability for the defined benefits because another insurer is the relevant insurer for the application—

(i)

the amount of allowable expenses paid is not recoverable from the applicant; but

(ii)

the first insurer may recover the amount as a debt from the other insurer;

(b)

if the relevant insurer rejects liability for the defined benefits because the application was based on false or misleading information, the insurer may recover the amount of allowable expenses paid as a debt from the applicant.

Division 2.3.4 Accepting or rejecting liability for defined benefits

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