Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 170

Extension of indemnity provided (MTA s 54 (9)-(10), MAA s 24, MACA s 22)

(1)     A third-party policy extends to indemnify, to the extent of the insurance effected by the policy—

        (a)     if the insured person is dead—the insured person's estate against—

              (i)     liability arising under a cause of action that survives against the estate because of section 4 of the Law Reform (Miscellaneous Provisions) Act 1955 (which is about the survival of certain existing or vested causes of action); and

              (ii)     liability arising because of section 7 of that Act (which is the survival of certain causes of action where the person liable dies before or at the time of damage); and

        (b)     the insured person or, if the insured person is dead, his or her estate against—

              (i)     liability arising where the insured person or his or her estate has been joined as an alternative defendant in an action; and

              (ii)     liability arising where the insured person or his or her estate has served or been served with a third-party notice; and

              (iii)     liability arising where the insured person or his or her estate claims contribution from someone as a joint tortfeasor or has a claim made against him or her or the estate as a joint tortfeasor.

(2)     In this section—

insured person means a person who is insured or indemnified against liability in relation to the death of, or bodily injury to, a person caused by, or arising out of the use of, a motor vehicle if the person is insured or indemnified under—

        (a)     a third-party policy; or

        (b)     a policy of insurance complying with the provisions of a law in force in any part of Australia (except a Territory law) that requires the owner or driver of a motor vehicle to be insured against any such liability; or

        (c)     the provisions of any other law in force in any part of Australia (except a Territory law) that indemnify the owner or driver of a motor vehicle against any such liability.



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