New South Wales Consolidated Acts
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CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) ACT 2017 - SECT 4
Claimant may recover from insurer in certain circumstances
4 Claimant may recover from insurer in certain circumstances
(1) If an insured person has an insured liability to a person (the
"claimant" ), the claimant may, subject to this Act, recover the amount of the
insured liability from the insurer in proceedings before a court.
amount of the insured liability is the amount of indemnity (if any) payable
pursuant to the terms of the contract of insurance in respect of the
insured person's liability to the claimant.
(3) In proceedings brought by a
claimant against an insurer under this section, the insurer stands in the
place of the insured person as if the proceedings were proceedings to recover
damages, compensation or costs from the insured person. Accordingly (but
subject to this Act), the parties have the same rights and liabilities, and
the court has the same powers, as if the proceedings were proceedings brought
against the insured person.
(4) This section does not entitle a claimant to
recover any amount from a re-insurer under a contract or arrangement for
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