16 Nov 2004
Hakaraia-Hoani v Accident Compensation Corporation
- Citation
- [2004] NZACC 355
- Court
- District Court
Clause 60 confines the insurer to obtaining an assessment in accordance with the AMA Guides and notifying the insured; the insurer may not short-circuit the assessment process by selecting between conflicting assessor reports without facilitating assessor consultation or otherwise following an objective process; the Corporation failed to comply with clause 60 by choosing between assessments and the review decision was quashed and remitted for a proper assessment.