Medical Indemnity Act 2002

This section applies if:

an MDO pays, or is liable to pay, an amount in relation to a claim that relates to an incident or a series of incidents; and

an insurer also pays, or is also liable to pay, an amount (the insurer amount) in relation to the same claim or in relation to an eligible related claim; and

but for this section, a high cost claim indemnity in respect of the insurer amount:

would be payable to the insurer under subsection 30(1); or

would be payable to the insurer under that subsection if paragraph 30(1)(f) were omitted; and

the insurer elects in writing to have this section apply to the insurer amount.

For the purposes of this Division (other than this section):

the MDO is taken:

to have paid, or to be liable to pay, the insurer amount in relation to the claim or eligible related claim; and

to satisfy paragraphs 30(1)(e) and (2)(a) to (c) in relation to the insurer amount; and

to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and

a high cost claim indemnity is not payable to the insurer in respect of the insurer amount.