Commonwealth Consolidated Acts

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MEDICAL INDEMNITY ACT 2002 - SECT 18

Clarification of circumstances in which IBNR indemnity payable

    An IBNR indemnity is payable to an MDO or insurer under section   16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim even if:

  (a)   the MDO or insurer:

  (i)   has insured itself in relation to the payment; or

  (ii)   has already in fact been paid an amount by an insurer in relation to the payment; or

  (b)   the incident to which the claim relates occurred outside Australia; or

  (c)   the MDO or insurer made, or became liable to make, the payment before the commencement of this Act.



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