Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 51

  (1)   If:

  (a)   the insured or any third party beneficiary under a contract of liability insurance is liable in damages to another person; and

  (b)   the contract provides insurance cover in respect of the liability; and

  (c)   the insured or third party beneficiary has died or cannot, after reasonable inquiry, be found;

then the other person may recover from the insurer an amount equal to the insurer's liability under the contract in respect of the liability of the insured or third party beneficiary.

  (2)   A payment under subsection   (1) is a discharge, to the extent of the payment, in respect of:

  (a)   the insurer's liability under the contract; and

  (b)   the liability of the insured or third party beneficiary, or the legal personal representative of the insured or third party beneficiary, to the other person.

  (3)   This section does not affect any right that the other person has in respect of the liability of the insured or third party beneficiary, being a right under some other law of the Commonwealth or under a law of a State or Territory.