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12.—(1) For the purposes of paragraph 10 above, the provision for claims outstanding, in relation to a society and a financial year, is (subject to any applicable valuation regulations in Part IV of these Regulations) the amount set aside by the society as at the beginning or end of the financial year as being an amount likely to be sufficient to meet—
(a)the claims described in subparagraph (2) below, and
(b)the expenses described in subparagraph (3) below,
less any recoverable amounts within the meaning of subparagraph (4) below.
(2) The claims mentioned in subparagraph (1) above are claims under contracts of insurance in respect of incidents occurring—
(a)in the case of an amount set aside as at the beginning of the financial year, before the beginning of that year, and
(b)in the case of an amount set aside as at the end of a financial year, before the end of that year,
being claims which have not been treated as claims paid and including claims relating to business accounted for over a longer period than a financial year, claims the amounts of which have not been determined and claims arising out of incidents that have not been notified to the society.
(3) The expenses mentioned in subparagraph (1) above are expenses (such as, for example, legal or medical costs) which are likely to be incurred by the society, whether through the employment of its own staff or otherwise and are directly attributable to the settlement of individual claims, whether or not the individual claims in question are those mentioned in subparagraph (1) above.
(4) Recoverable amounts for the purposes of subparagraph (1) above are amounts estimated by the society to be recoverable by it in respect of the claims mentioned in that subparagraph, including amounts recoverable from third parties and amounts recoverable from other insurers but excluding amounts recoverable in respect of reinsurance ceded by the society.
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