MOTOR ACCIDENT INSURANCE ACT 1994 - SCHEDULE

MOTOR ACCIDENT INSURANCE ACT 1994 - SCHEDULE

SCHEDULE Policy of insurance

1 Extent of insurance cover

(1) This policy insures against liability for personal injury caused by, through or in connection with the insured motor vehicle anywhere in Australia.

(2) This policy extends to liability for personal injury caused by, through or in connection with a trailer attached to the insured motor vehicle or that results from the trailer running out of control after becoming accidentally detached from the insured motor vehicle.

(3) The liability mentioned in subsection (1) or (2) —

(a) is a liability for personal injury to which the Motor Accident Insurance Act 1994 applies; and

Editor’s note—

See section 5 of the Act .

(b) includes the liability of a tortfeasor to make a contribution to another tortfeasor who is also liable for the personal injury.

(4) This policy does not insure a person (the
"injured person" ) against injury, damage or loss—

(a) that arises independently of any wrongful act or omission; or

(b) to the extent that the injury loss or damage is attributable to the injured person’s own wrongful act or omission.

2 Insured person

The person insured by this policy is the owner, driver, passenger or other person whose wrongful act or omission in respect of the insured motor vehicle causes the injury to someone else and any person who is vicariously liable for the wrongful act or omission.

3 Exclusions

(1) This policy does not insure an employer against a liability to pay workers’ compensation.

(2) This policy does not insure an employer against a liability to pay damages for injury to an employee if—

(a) the injury arises from the employer’s failure to provide a safe system of work for the employee or the employer’s breach of some other duty of care to the employee; and

(b) neither the employer nor another employee of the employer was the driver of the motor vehicle at the time of the motor vehicle accident out of which the injury arose.

(3) This policy does not insure against a liability to pay exemplary, punitive or aggravated damages.

(4) This policy does not insure against a liability to pay damages for an injury that arises gradually from a series of incidents.