New Zealand Disputes Tribunal Claim (Claimant) - Insurer Subrogated Claim

The Process at a Glance: The practitioner audits the insurance policy to confirm subrogation rights and drafts a Form 4 insurer acknowledgement. The practitioner calculates the total quantum, separating insured and uninsured losses to protect the client's statutory priority. The claim is filed with Form 4 attached. The client is coached to represent themselves, explaining the insurer's involvement under section 31. Post-hearing, recovered sums are distributed, paying the client's uninsured losses first.

Key Legislation and Case Law: Disputes Tribunal Act 1988 - s 28 (insurer's rights); s 29 (waiver of notice); s 30 (subrogation rights); s 31 (insured person to control conduct); s 33 (priority of uninsured losses). Disputes Tribunal Rules 1989 - rule 8 (form of insurer acknowledgement) was revoked on 29 October 2019; the acknowledgement is now lodged on the approved form under s 29 of the Act (still published as Form 4).

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