Proceedings against insurer if insured dead or unable to be served
6.36 Proceedings against insurer if insured dead or unable to be served
If a person against whom a claim can be made is dead or cannot be served with process, the claimant and a person claiming contribution or indemnity between joint tortfeasors may—
take proceedings in respect of the claim against the person’s insurer, and
recover in those proceedings an amount for which the claimant or the person claiming contribution or indemnity could have obtained a judgment against the insured person.
The fact that a person cannot be served with process is not to be regarded as having been proved unless it is established that all reasonable inquiries have been made in an effort to effect service.
This Act’s bill:Explanatory memorandumSecond reading speech
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