The Library Bulletin

Bill debated, passed Legislative Council

The object of this Bill is to give effect to the recommendations of the NSW Law Reform Commission in Report 143: Third party claims on insurance money. The recommendations result from a review of section 6 of the Law Reform (Miscellaneous Provisions) Act 1946, which provides a mechanism enabling a third party to enforce a statutory charge over insurance money payable under a contract of insurance to a person indemnified under the contract of insurance in respect of a liability of the insured person to pay damages or compensation to the third party. The Bill replaces section 6 of that Act with an Act that enables the third party to bring proceedings directly against the insurer in respect of his or her claim for damages, compensation or costs against the insured person (rather than proceeding to enforce a specially created statutory charge)

CIVIL LIABILITY (THIRD PARTY CLAIMS AGAINST INSURERS) BILL 2017 (NSW)