(a) court proceedings have been commenced against a person in
respect of a claim, and
(b) the person's insurer has given the plaintiff
particulars alleging that the claim has not been made in good faith,
the
insurer may apply to the court to be joined as a party to the proceedings.
(2) If the court gives the insurer leave to be joined as a party, the insurer
may call as a witness any person able to give evidence relating to the
occurrence out of which the claim arose or evidence of other matters relating
to the claim, including a person who was, at the time of the occurrence, the
owner or the driver of the vehicle.
(3) The insurer may examine the witness
as to the occurrence out of which the claim arose and may also, with the leave
of the court, examine the witness as to:
(4) If the court
gives leave to do so, the insurer may:
(a) cross-examine the witness, and
(b)
lead other evidence to refute the evidence given by the witness,
as to any or
all of the matters as to which the insurer might have examined the witness
under subsection (3).
(5) Any right to examine or cross examine a witness
arising under this section is additional to and not in diminution of any right
to examine or cross-examine the person arising under any other law.
