A run - off cover indemnity is payable to an MDO or a medical indemnity insurer under section 34ZC in relation to a payment the MDO makes or is able to make, or the medical indemnity insurer makes or is liable to make, in relation to a claim even if:
(a) the MDO or medical indemnity 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 and the external Territories.