Open AccessThird Parties and the Insolvent Insured: Enforcement of the Statutory Charge Created by Section 9 of the Law Reform Act 1936.
Author(s) -
Louise Affleck
Publication year - 2019
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v26i4.6149
Subject(s) - insolvency , statutory law , law , legislation , law reform , enforcement , section (typography) , statutory interpretation , business , compensation (psychology) , scope (computer science) , reform act , political science , law and economics , economics , advertising , psychology , psychoanalysis , computer science , programming language
With its ancestry based in the early Workers' Compensation Acts, s 9 of the Law Reform Act 1936 was intended to be a general rule to provide that where there is a wrong perpetrated by a person who is insured, the injured person can have a lien on the insurance moneys. This article discusses the scope and functions of s 9, identifies some problems and suggests that, after 60 years, it is time to review this piece of legislation.