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s 72

Recovery of amounts paid for defined benefits

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.3Application for defined benefits
Division 2.3.6Miscellaneous—pt 2.3

72 Recovery of amounts paid for defined benefits

(1)

This section applies if—

(a)

the relevant insurer for a motor accident pays an amount under this part to an applicant for defined benefits; and

(b)

the insurer was not liable for the amount.

(2)

The relevant insurer may recover as a debt from the applicant any amount for which the relevant insurer was not liable under this part.

(3)

If the relevant insurer rejects an application for defined benefits because the applicant’s injury was not a result of the motor accident, the relevant insurer is not entitled to recover as a debt any amount paid to the applicant before the application was rejected unless the application was fraudulent or included information that was false or misleading.

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