Acts and Regulations

I-12 - Insurance Act

Section 261
Disposition versions

Full text
Ex parte application
261(1)When an insurer admits liability for insurance money payable under section 255, 256 or 257 and it appears to the insurer that any of the following occur, the insurer may apply for an ex parte order under this section: 
(a) there are adverse claimants, or
(b) there is no person capable of giving and authorized to give a valid discharge for the insurance money who is willing to do so.
261(2)An insurer may apply to a judge of the court ex parte for an order for payment of the money into the court under this section at any time after 30 days after the date on which the insurance money becomes payable, and the court may on notice, if any, as it thinks necessary, make an order accordingly.
261(3)The receipt of the proper officer of the court is sufficient discharge to an insurer for the insurance money paid into the court, and the insurance money shall be dealt with as the judge of the court orders.
1968, c.6, s.258; 1979, c.41, s.68; 2021, c.8, s.41
Ex parte application
261(1)Where an insurer admits liability for insurance money payable under section 255, 256 or 257 and it appears that,
(a) there are adverse claimants,
(b) the whereabouts of an insured person entitled is unknown, or
(c) there is no person capable of giving and authorized to give a valid discharge therefor who is willing to do so,
the insurer may, at any time after thirty days after the date upon which the insurance money becomes payable, apply to a judge of the court ex parte for an order for payment of the money into The Court of Queen’s Bench of New Brunswick, and the court may upon such notice, if any, as it thinks necessary make an order accordingly.
261(2)The receipt of the proper officer of the court is sufficient discharge to the insurer for the insurance money paid into The Court of Queen’s Bench of New Brunswick, and the insurance money shall be dealt with as the judge of the court orders.
1968, c.6, s.258; 1979, c.41, s.68