New South Wales Consolidated Acts

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Assessment of claims

7.36 Assessment of claims

(cf s 94 MACA)

(1) The claims assessor is, in respect of a claim referred to the assessor for assessment, to make an assessment of--
(a) the issue of liability for the claim (unless the insurer has admitted liability), and
(b) the amount of damages for that liability (being the amount of damages that a court would be likely to award).
(2) Such an assessment is to be made having regard to such information as is conveniently available to the claims assessor, even if one or more of the parties to the assessment does not co-operate or ceases to co-operate.
(3) The assessment is to specify an amount of damages.
(4) The claims assessor must, as soon as practicable after an assessment, issue the insurer and claimant with a certificate as to the assessment.
(5) The claims assessor is to attach a brief statement to the certificate, setting out the assessor's reasons for the assessment.
(6) If the Principal Claims Assessor is satisfied that a certificate as to an assessment or a statement attached to the certificate contains an obvious error, the Principal Claims Assessor may issue, or approve of the claims assessor issuing, a replacement certificate or statement to correct the error.

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