Judgment date: August 2011
Davis v Moss (Unreported)
District Court of New South Wales1
In Brief
In order to rely upon a Section 110 Notice as a bar to
commencing proceedings, it has been held that an insurer must be
able to establish that the claimant failed to commence proceedings
within 3 months of personally receiving the Notice.
Background
The District Court recently handed down judgment in a motion to
reinstate proceedings where the claimant failed to commence within
the time required by a Section 110 Notice issued by the
insurer.
Section 110 relevantly states:
-
The insurer of a person against whom a claim is made may
give the claimant notice requiring the claimant to
commence court proceedings in respect of the claim if:
