28 Mar 2023
MAQBOOL v TOWER INSURANCE LIMITED [2023] NZHC 632
- Citation
- [2023] NZHC 632
- Court
- High Court
The alterations (installation of a second kitchen and partitioning that resulted in two separately occupied residential units) constituted a material change of circumstances that a prudent insurer would consider when fixing premium or deciding whether to insure; the insureds knew of or ought to have known of the alterations and failed to disclose them at renewal, therefore the insurer was entitled to avoid the policy (effective from the 2011 renewal) and the plaintiffs' claim for indemnity is dismissed.