Declaration as to the sufficiency of evidence
170Where an insurer admits the validity of the insurance but does not admit the sufficiency of the evidence required by section 165 and there is no other question in issue except a question under section 171, the insurer or the claimant may, before or after action is brought and upon at least thirty days notice, apply to the court for a declaration as to the sufficiency of the evidence furnished, and the court may make the declaration or may direct what further evidence shall be furnished and on the furnishing thereof may make the declaration or, in special circumstances, may dispense with further evidence.