Medical Indemnity Act 2002

A person had incident‑occurring based cover for an incident with an MDO on 30 June 2002 if:

an arrangement between the MDO and the person, or between the MDO and someone else, existed on 30 June 2002; and

under the arrangement, the MDO:

would have been able to indemnify the person in relation to the incident if the person were to make a proper claim after 30 June 2002 in relation to the incident; and

would have been able, in the ordinary course of its business, to indemnify the person in relation to the incident even if the person had ceased to be a member of the MDO when the claim was made.

Subparagraph (b)(ii)—If the only cover the person had with the MDO was claims made cover, it would not be in the ordinary course of the MDO’s business to indemnify the person if the claim was made after the person had ceased to be a member of the MDO.

Subparagraph (1)(b)(i) is satisfied even if the MDO would be able to indemnify the person in relation to the incident only if the person were to make a claim during a limited period after 30 June 2002.

For the purposes of subparagraph 34ZB(1)(e)(ii), a person has incident‑occurring based cover if, under an arrangement between an MDO and the person, the MDO:

would be able to indemnify the person in relation to an incident if the person were to make a proper claim in relation to the incident; and

would be able, in the ordinary course of its business, to indemnify the person in relation to the incident even if the person had ceased to be a member of the MDO when the claim was made.

To avoid doubt, cover may be incident‑occurring based cover even if it is called:

claims incurred cover; or

extended reporting benefit cover (ERB cover); or

death, disability or retirement cover (DDR cover).