Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 34ZE

  (1)   This section applies if:

  (a)   an MDO pays, or is liable to pay, an amount in relation to a claim; and

  (b)   a medical indemnity insurer also pays, or is also liable to pay, an amount in relation to the same claim (the insurer amount ); and

  (c)   but for this section, a run - off cover indemnity in respect of the insurer amount would be payable to the insurer under section   34ZC; and

  (d)   the medical indemnity insurer elects in writing to have this section apply to the insurer amount.

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

  (a)   the MDO is taken:

  (i)   to have paid, or to be liable to pay, the insurer amount in relation to the claim; and

  (ii)   to satisfy paragraphs 34ZC(1)(a) to (e) in relation to the insurer amount; and

  (b)   a run - off cover indemnity is not payable to the medical indemnity insurer in respect of the insurer amount.