Loss Adjuster. Subject to Clause 16.1, where a matter is to be referred to a loss adjuster in accordance with Clause 8.7 then the following provisions of this Clause shall apply:
(a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division.
(b) In any event, the loss adjuster shall:
(i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience;
(ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and
(iii) not be an employee of the End User, any Operator or Aurizon Network or of a Related Body Corporate of any of them.
(c) The loss adjuster appointed pursuant to this Clause 8.8 shall not be permitted to act until he has given written notice of the acceptance of his appointment to both Parties.
(d) Any loss adjuster appointed pursuant to this Clause 8.8 shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and the performance of his duties.
(e) Any person nominated as a loss adjuster hereunder shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration including without limitation, the Commercial Arbitration Act 1990 (Qld) shall not apply to him or his determination or the procedures by which he may reach his determination.
(f) Each Party must ensure to the best of its ability that the loss adjuster is given the opportunity to interview any employee, agent or contractor (including employees, agents or contractors of an Operator) involved in or with knowledge of the Incident or event giving rise to the Claim or with any other relevant information that may be of use to the loss adjuster.
(g) Each Party must make available to the loss adjuster any files, documents, data, recordings or other information that may be of use to, or is requested by, the loss adjuster for the purposes of his investigation.
(h) The loss adjuster will determine the quantum of the relevant Claim and the liability of the End User and/or Aurizon Network in respect of such Claim and shall provide a copy of his report on such matters to each of the Parties within a reasonable time after his appointment.
(i) In the absence of m...
Loss Adjuster. Subject to clause 32, where a matter is to be referred to a loss adjuster in accordance with clause 22.1:
(a) the loss adjuster:
(i) must be appointed by the Parties; or
(ii) in default of such appointment within 10 Business Days after the need to appoint a loss adjuster, is to be nominated at either Party’s request by the President of The Australasian Institute of Chartered Loss Adjusters;
(b) if the loss adjuster is to be nominated under clause 22.2(a)(ii) and the President of The Australasian Institute of Chartered Loss Adjusters declines to nominate a person as the loss adjuster but provides a list of people that could be appointed as the loss adjuster, then:
(i) the first person specified in that list will be taken to be nominated as the loss adjuster;
(ii) if the first person specified in that list does not accept the appointment as the loss adjuster, the next person specified in that list will be taken to be the first person specified in that list and will be nominated as the loss adjuster; and
Loss Adjuster. Subject to Clause 23, where a matter is to be referred to a loss adjuster in accordance with Clause
Loss Adjuster. Subject to Clause 17.1, where a matter is to be referred to a loss adjuster in accordance with Clause 9.7 then the following provisions of this Clause shall apply:
(a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within fourteen (14) days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division.
(b) In any event, the loss adjuster shall:
(i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience;
(ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and
Loss Adjuster. Where a matter is to be referred to a loss adjuster in accordance with clause 15.5 then the following provisions of this clause shall apply:
(a) the loss adjuster shall be appointed by the parties or, in default of such appointment, within 10 Business Days after the need to appoint a loss adjuster, by the President of the Australasian Institute of Chartered Loss Adjusters;
(b) the loss adjuster shall:
(1) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience;
(2) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to give full disclosure of any such interest or duty before his appointment; and
(3) not be an employee of the Operator or TAHE or of a related body corporate of either party;
Loss Adjuster. Xxxx Xxx, McLarens 00000 Xxxxxxxxxx Xxxx., Xxxxx, XX, 00000 Alliant Insurance Services, Inc. 000 X. Xxxxx Street, Suite 112 Charlotte, NC 28246 United States of America.
Loss Adjuster. Where a matter is to be referred to a loss adjuster in accordance with Clause 14.7 then the following provisions of this Clause shall apply:
(a) The loss adjuster shall be appointed by the Parties, or in default of such appointment within ten (10) Business Days after the need to appoint a loss adjuster, by the President of The Chartered Institute of Loss Adjusters Australasian Division.
(b) In any event, the loss adjuster shall:
(i) be a Fellow of the Australasian Institute of Chartered Loss Adjusters or have equivalent qualifications and experience;
(ii) have no interest or duty which conflicts or may conflict with his function as a loss adjuster, he being required to fully disclose any such interest or duty before his appointment; and
(iii) not be an employee of the Operator or Queensland Rail or of a Related Body Corporate of either Party.
