Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 164

Authorized insurer empowered to settle claims etc.

    (1)     For the purposes of any contract of insurance under the repealed Division, the authorized insurer—

        (a)     may undertake the settlement of any claim against the owner or against any driver insured under the contract of insurance; and

        (b)     may take over during such period as it thinks proper the conduct and control on behalf of the owner or such driver of any proceedings taken or had to enforce such claim or for the settlement of any question arising with reference to the claim; and

        (c)     may defend or conduct the proceedings in the name of the owner or driver and on his or her behalf and if need be may without the consent of the owner or driver to the extent of the liability of the authorized insurer but no further or otherwise admit liability; and

        (d)     subject to this Division must indemnify the owner or driver against all costs and expenses of or incidental to any such proceedings while the insurer retains the conduct and control of the proceedings.

    (2)     The owner or such driver must sign all such warrants and authorities as the insurer requires for the purpose of enabling the authorized insurer to have the conduct and control of any such proceedings.



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