South Australian Numbered Acts

DUST DISEASES ACT 2005 (NO 78 OF 2005) - SECT 11

11—Dust disease action may be brought directly against insurer in certain cases

        (1)         If the defendant to a dust disease action—

            (a)         is dead or has been dissolved; or

            (b)         is insolvent; or

            (c)         cannot be found,

a dust disease action that might have been brought against the defendant (the "absent defendant") may be brought instead directly against an insurer who insured the defendant against a liability to which the action relates.

        (2)         An insurer against whom an action is brought under subsection (1) has the same rights, powers, duties and liabilities in relation to the action as the absent defendant would have had if the action had been brought against the absent defendant.

        (3)         The extent of the insurer's liability cannot, however, exceed the extent to which the insurer would have been liable to indemnify the absent defendant if the action had been brought against the absent defendant.