Meaning of claims handling and settling service
(1) A person provides a claims handling and settling service if: (a) the person makes a recommendation, or states an opinion, in the following circumstances: (i) the recommendation, or statement of opinion, is made in response to an inquiry by or on behalf of another person about an existing or a potential claim by the other person under an insurance product; (ii) the recommendation, or statement of opinion, could reasonably be expected to influence a decision whether to continue with the existing claim or to make the potential claim; or (b) the person assists another person to make a claim under an insurance product; or (c) the person represents a person insured under an insurance product in pursuing a claim under the product; or (d) the person assesses whether an insurer has a liability under an insurance product, or provides assistance in relation to such an assessment; or (e) the person makes a decision to accept or reject all or part of a claim under an insurance product; or (f) the person quantifies the extent of the insurer’s liability to another person under an insurance product, or provides assistance in relation to the quantification of the extent of such a liability; or (g) the person offers to settle all or part of a claim under an insurance product; or (h) the person satisfies a liability of the insurer under an insurance product in full or partial settlement of a claim under the insurance product. (2) For the purposes of this Act, a claims handling and settling service provided in relation to an insurance product is to be treated as having been provided to the insured under the insurance product (who may be a person insured as a third party beneficiary under the contract of insurance that constitutes the insurance product, within the meaning of the Insurance Contracts Act 1984).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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