WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 160A
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 160A
160A . Insurance in respect of working directors
(1) If a dispute
arises between an employer that is a company requesting insurance from an
insurance office and the insurance office as to whether a person is a working
director of the company, the employer or insurance office may apply to have
the question determined by an arbitrator.
(2) An insurance
office that has issued a policy or contract of insurance to a company that is
an employer in respect of a working director pursuant to an application as
described in section 10A(3) cannot decline to indemnify the employer in
respect of a liability of the employer for the director on the basis that the
director is not a worker, or that the company is not the employer of the
director, unless an arbitrator determines that —
(a) a
representation made by the company in respect of the director when applying
for the issue of a policy or contract of insurance in respect of that director
was false or misleading in a material particular; and
(b) the
decision of the insurance office to issue a policy or contract of insurance in
respect of the director was materially affected by that representation.
[Section 160A inserted: No. 16 of 2005 s. 12.]