A run - off cover indemnity is not 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 if:
(a) the payment is an insurer - to - insurer payment; or
(b) the payment is a payment specified in the rules for the purposes of this section.