New South Wales Consolidated Acts New South Wales Consolidated Acts(cf s 22 MACA)
(1) A third-party policy, to the extent of the insurance effected by that policy--(a) extends, if the insured person is dead, to indemnify the insured person's estate against--(i) liability arising under any cause of action which, by virtue of section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 , survives against the insured person's estate, and(ii) liability arising by operation of section 2 (4) of that Act, and(b) extends to indemnify the insured person or, if the insured person is dead, to indemnify the insured person's estate against--(i) liability arising where the insured person or, as the case may be, the insured person's estate has in any proceedings been joined as an alternative defendant, and(ii) liability arising where the insured person or, as the case may be, the insured person's estate has served or has been served with a notice in writing under section 3 (1) of the Law Reform (Miscellaneous Provisions) Act 1946 , and(iii) liability arising where the insured person or, as the case may be, the insured person's estate claims contribution from some other person as a joint tortfeasor or has a claim made against the insured person or the insured person's estate, as the case may be, as a joint tortfeasor.
(2) In subsection (1),
"insured person" means a person who is insured or indemnified against liability in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle under--(a) a third-party policy, or(b) a policy of insurance complying with the provisions of any law in force in any part of the Commonwealth (other than this State) which requires the owner or driver of a motor vehicle to be insured against any such liability, or(c) the provisions of any other law in force in any part of the Commonwealth (other than this State) which indemnify the owner or driver of a motor vehicle against any such liability.