Insurance Act, 1936

Decision of disputes between industrial assurance companies and others.

72.—(1) Whenever any dispute arises between an industrial assurance company and any of the following persons (in this section referred to as the applicant), that is to say:—

(a) any person who has effected a policy of industrial assurance with such company or any person claiming through such person, or

(b) any other person claiming under or in respect of a policy of industrial assurance effected with such company, or

(c) any person claiming under or by virtue of any provision of this Part of this Act,

either such industrial assurance company or the applicant may, save as otherwise provided by this section and notwithstanding any provision to the contrary in the relevant policy of industrial assurance or in the articles or memorandum of association of such company, apply in a summary manner to the Circuit Court for the determination of such dispute, and thereupon the Circuit Court may hear and determine such dispute and may make such order as to costs as it thinks fit.

(2). Any such dispute as is mentioned in the next preceding sub-section of this section may, before any application has been made to the Circuit Court in regard thereto, be referred by the industrial assurance company and the applicant jointly to the Minister for determination or, where the legality of a policy of industrial assurance is not in dispute and neither fraud nor misrepresentation is alleged, be so referred by either the industrial assurance company or the applicant.

(3). When a dispute has been referred under this section to the Minister for determination, it shall not be lawful for any person to apply under this section to the Circuit Court for the determination of such dispute.

(4). When a dispute has been referred under this section to the Minister for determination, the Minister may determine such dispute and for that purpose may cause an inspector appointed by him to hold an inquiry in regard to such dispute and to report to him thereon.

(5). The following provisions shall have effect in relation to every inquiry which the Minister shall cause to be held under the next preceding sub-section of this section, that is to say:—

(a) such inquiry shall be held by the inspector appointed to hold the same at such time and place as such inspector shall appoint;

(b) such inspector shall cause notice of the holding of such inquiry to be given at least fourteen days before the holding of such inquiry to such persons concerned (including the industrial assurance company) as he thinks proper;

(c) such inspector shall have power to take evidence on oath and for that purpose to administer oaths and to require the attendance of witnesses and the production of documents.

(6) Whenever the Minister determines a dispute referred to him under this section, such determination shall be final and conclusive and no appeal to any court shall lie therefrom, but the Minister shall, at the request of any party to such dispute, refer any question of law arising in such dispute to the High Court for decision.

(7) Where an appeal from a decision of the High Court under the next preceding sub-section of this section is taken to the Supreme Court by an industrial assurance company, such company shall, whatever may be the result of such appeal or the determination of the Supreme Court thereon, be liable for and pay the costs of all parties to such appeal.

(8) Whenever the Minister determines a dispute referred to him under this section, the Minister may, if he thinks proper so to do, order the costs and expenses incurred by any person (including an industrial assurance company) of appearing or being represented or adducing evidence at any inquiry held under this section to be paid by any other person who appeared or was represented at such inquiry.

(9) Whenever the Minister orders under this section any costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses, when so taxed and ascertained, shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom such costs and expenses were so ordered to be paid.

(10) Whenever a dispute is referred to the Minister for determination under this section, there shall be paid to the Minister such fee as shall be prescribed by regulations made by the Minister under this section with the consent of the Minister for Finance, and such fee shall be paid by (as the case may require) the industrial assurance company which or the applicant who refers such dispute to the Minister or, where such dispute is referred by the industrial assurance company and the applicant jointly to the Minister by both such company and the applicant in equal parts, and the due payment of such fee shall be a condition precedent to the determination of such dispute by the Minister.

(11) All fees payable under the next preceding sub-section of this section shall be collected and taken in such manner as the Minister for Finance shall, from time to time, direct, and shall be paid into or disposed of for the benefit of the Exchequer in such manner as that Minister may direct, and the Public Offices Fees Act, 1879, shall not apply in respect of any such fees.