(1) The amount of a run - off cover indemnity is:
(a) if it is payable to an MDO--the amount of the payment referred to in paragraph 34ZC(1)(b); or
(b) if it is payable to a medical indemnity insurer--the amount of the payment referred to in paragraph 34ZC(1)(c), but only to the extent that the payment is or would be made:
(i) in relation to a claim made in relation to medical indemnity cover that section 26A or 26C of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 requires the insurer to provide for a person; and
(ii) in the insurer's ordinary course of business.
(2) However, if a high cost claim indemnity is payable in respect of that payment, the amount of the run - off cover indemnity is reduced by the amount of the high cost claim indemnity.