Motor Vehicles Insurance Acts Amendment Act of 1944 (8 Geo Vi No. 11) (Qld)

416 TRAFFIC. Motor Vehicles Insurance Acts Amendment Act. 8 GEO. VI. No .11. TEXTILE PRODUCTS. See HEALTH. TRADE DESCRIPTIONS-(TEXTILE PRODUCTS) See HEALTH. TRAFFIC. Motor Vehicles Insurance Acts Amendment Act of 1944. 8 ~ G o E . O. 11 V . I. An Act to Amend "The Motor Vehicles Insurance M T O H T E OR Acts, 1936 to 1943," in certain particulars. VEHICLES INSURANCE B • ACTS AMENDMENT ACT or 1944. [ASSENTED TO 1ST DECEMBER, 1944.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title 1. (I.) This Act may be cited as "The Motor and t t' Vehicles Insurance Acts Amendment Act of 1944," and cons ruc IOn. shall be read as one with *" The Motor Vehicles Insurance Acts, 1936 to 1943," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may be title. collectively cited as " The Motor Vehicles Insurance Acts, 1936 to 1944." Amendment 2. Section three of the Principal Act is amended as of s. 3. follows :_ (a) In subsection one thereof the words "other than a person- (a) Living with the owner as a member of his family; or (b) In the service of the owner; or (c) Being conveyed in, or entering or alighting from, such motor vehicle" are repealed. (b) In subsection two thereof the words and brackets "(not being a person excepted by subsection one of this section)" are repealed. • 1 E. 8 No. 31 and amending Acts, v. 9, pp. 527 et 8eq.

TRAFFIC. 1944. Motor Vehicles insurall'tce Acts Amendment Act. 417 (c) In subsectiQn three thereof the wQrds "nQt less than the sum Qf seven hundred and fifty PQunds" are repealed and the wQrd "unlimited" is inserted in lieu of such repealed wQrds. 3. The fQllQwing sectiQn, numbered 4A, is inserted ~ew s. 44 after sectiQn fQur Qf the Principal Act, namely :_ mserted. "[4A.] (1.) Where accidental bQdily injury (fatal Qr~ iabi1ityof nQn-fatal) to any perSQn has been caused by, thrQugh, Qr insurers. in cQnnectiQn with a mQtQr vehicle insured under this Act but the Qwner 6f such mQtor vehicle cannQt be served with process, any perSQn whO' CQuld have Qbtained a judgment in respect Qf such accidental bodily injury sO' caused against such Qwner if he had been served with prQcess may reCQver by actiQn against the insurer (whether the Insurance CQmmissiQner Qr a licensed insurer) the amQunt Qf the judgment which he CQuld have SO' recQvered against such Qwner: PrQvided that he cannQt SO' recover unless he prQves that he gave to' the insurer nQtice Qf the claim and a shQrt statement Qf the grQunds thereQf as SQQn as possible after he knew that the O'wner O'f the mO'tQr vehicle cQncerned CQuld nQt be served with prQcess, O'r that such nO'tice was given within such time as WQuld prevent the PO'ssibility O'f the insurer being prejudiced by want Qf such nO'tice. (2.) It shall be nO' defence by the Insurance CQm- missiO'ner O'r a licensed insurer to' an actiQn against him under this sectiO'n that he is nQt liable under a PO'licy of insurance by reaSQn Qf the fact that- (a) The PQlicy was obtained by any mis-statement O'r nO'n-disclO'sure whether fraudulent, material Qr Qtherwise; O'r (b) The Qwner Qf the mO'tO'r vehicle has cQmmitted any breach O'f any term, cQnditiO'n O'r warranty O'f a PQlicy O'r any prQvisiO'n O'f this Act; Qr (c) The Qwner O'f the mO'tQr vehicle has failed to' cO'mply with any cQnditiQn Qf the PQlicy as to' what the insured persO'n shQuld dO' Qr shO'uld nO't dO' after the event giving rise to' liability. 0'

418 TRAFFIC. Motor Vehicles Insurarnce Acts Amendment Act. 8 GEO. VI. No.l1, (3.) The Insurance Commissioner or a licensed insurer may, in addition to any other right or remedy he may have, recover from the owner of a motor vehicle liable in respect of any such accidental bodily injury~ and if two or more persons were so liable from these persons jointly and severally- (a) Such part of any judgment so obtained against the Insurance Commissioner or such licensed insurer; or (b) Such sums as the Insurance Commissioner or such licensed insurer has paid in payment, settlement or compromise of the claim or judgment against the owner of the motor vehicle or the Insurance Commissioner or, as the case may be, such licensed insurer; and (c) Such costs and expenses as would not have been recovered from or incurred or paid by the Insurance Commissioner or such licensed insurer but for the last preceding subsection of this section and that amount may be recovered either in a separate action or by third party procedure in the action against the Insurance Commissioner or such licensed insurer by the person who obtained the judgment: Provided that if the owner of the motor vehicle concerned has made any written request to the Insurance Commissioner or the licensed insurer that he should settle or compromise up to any specified sum or should payor should contest the claim, and if the Insurance Commissioner or the licensed insurer acts unreasonably in failing to comply with such request then the Insurance Commissioner or the licensed insurer shall not recover more than the amount of the liability which the Insurance Commissioner or the licensed insurer would have paid or incurred if he had not so acted unreasonably. (4.) This section shall have retrospective operation and effect so as to apply- (a) To accidental bodily injury (fatal or non-fatal) to any person caused, before the date of the passing of *" The Motor Vehicles Insurance Acts Amendment Act of 1944," by, through or in connection with a motor vehicle insured * This Act.

TRAFFIC. 1944. Motor Vehicles Insurance Acts Amendment Act. 419 under this Act the owner of which has not been and cannot be served with process on account of absence with or with any service forming part of His Majesty's Naval, Military, or Air Forces, including service as medical practitioner, or nurse or masseuse or other- wise, but this section shall not apply retrospectively- (b) So as to make the Insurance Commissioner or any licensed insurer liable for more than seven hundred and fifty pounds in respect of injury (fatal or non-fatal) to anyone person whatsoever and howsoever arising out of any one accident or series of accidents arising out of anyone event which happened prior to the date of the passing of *" The Motor Vehicles Insurance Acts Amendment Act of 1944." " 4. The following section, numbered 4B, is inserted ~ ew s. 4B after section 4A of the Principal Act as previously inserted mserted. by this Act, namely ;- "[4B.] (1.) No person shall directly or indirectly Pro~ bition for personal gain- : ~l~ ~f~ ~g for (a) Solicit instructions or authority to act on m au a t k ho e r c i l t a ~ lmtos behalf of any other person in respect of the and making or commencement of any claim or ~ ~ ~ ~ : n: c. action for damages for accidental bodily , injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle or in respect of the negotiation, compromise or settlement of such claim or action; or (b) On behalf of any other person make or com- mence or cause to be made or commenced any claim or action for such damages aforesaid or negotiate, settle or compromise any such claim or action when made or commenced. (2.) Paragraph (b) of subsection one of this section shall not apply to any barrister or solicitor properly acting in the course of his profession. * This Act.

420 TRAFFIC. Motor Vehicles Insuramce Acts, Etc., Act. 8 GEO. VI. No. 11, 1944. (3.) Any agreement to pay any person who contravenes any of the provisions of subsection one of this section any money for work done or services rendered in respect of the matters referred to in the said subsection one shall be void, and any money so paid shall be recover- able by action brought in any court of competent jurisdiction by the person who has paid it." TUBERCULOSIS IN STOCK. See STOCK. UNEMPLOYED WORKERS INSURANCE- SUSPENSION. See LABOUR. VALUATION OF LAND. See LAND. VEGETABLE AND ANIMAL PESTS. See LAND. VERMIN PROOF FENCES. See LA.ND. WAR SERVICE-PREFERENCE IN EMPLOYMENT. See LABOUR. WATER SUPPLY AND SEWERAGE. See MINING. WHEAT POOL. See BANKING. WIRE AND WIRE-NETTING. See BANKING. WOOL. See HEALTH. WORKERS' COMPENSATION. See LABOUR.