Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:1_34ze
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 1 cl 34ZE
Character Range: 22464–23414

34ZE  Aggregating amounts paid or payable by an MDO and medical indemnity insurer

 (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(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.