Insurance Law Reform Act 1977

  • This version was reprinted on 24 May 2016 to make a correction to section 9(2)(b) under section 25(1)(j)(ii) of the Legislation Act 2012.
12 Actions on or in relation to contracts of insurance to be tried before a Judge alone

(1)

Notwithstanding anything in section 2 or section 3 of the Judicature Amendment Act (No 2) 1955, but subject to subsection (2), every action maintained upon any contract of insurance or against any insurer in respect of any claim under or difference or dispute arising out of or in relation to any contract of insurance shall, if tried in the High Court, be tried before a Judge without a jury.

(2)

The service of a third-party notice making an insurer a party to an action shall not affect the manner in which the issues between the plaintiff and the defendant are to be tried but any insurer who is so made a party to an action may, if he agrees to be bound by the issues arising between the plaintiff and the defendant, require the issues arising between the insurer and the party who served the third-party notice to be determined by a Judge without a jury if the insurer, within the time limited for filing his statement of defence, files a notice to that effect in the court and serves copies of it on the other parties to the action.

Section 12(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).