19 Apr 2000
MARCUS ARNOLD LEHMANN v. THE INSURANCE COMPANY OF NORTH AMERICA
- Citation
- MARCUS ARNOLD LEHMANN v. THE INSURANCE COMPANY OF NORTH AMERICA
- Court
- Court of First Instance
- Case number
- HCA15802/1999
The interim payment application was dismissed because the defendant raised clear triable issues of fact on causation (accident versus illness), contribution from prior incidents, compliance with contractual notice provisions, the operation of the contractual 180‑day limit and limitation defenses, and estoppel — matters which could only be resolved at trial; the plaintiff therefore failed to demonstrate he would succeed at trial and was not entitled to interim payment.