ABSTRACT

Clause 21 deals with the situation where the claimant obtains judgment which is not satisfied by the defendant, which includes liabilities other than relevant liabilities that the MIB must satisfy. When the MIB compensates the claimant, it insists that the applicant assigns his rights to the MIB. In the (admittedly rare) event of the MIB successfully obtaining full or partial satisfaction of the assigned claim, it must account to the claimant for the amount received for liabilities other than the relevant liabilities (which it has already paid to the claimant). In the event of partial satisfaction, an apportionment is to be made.