19 Aug 2020
TAYLOR v ASTERON LIFE LIMITED [2020] NZCA 354
- Citation
- [2020] NZCA 354
- Court
- Court of Appeal
Court held the Policy implies an essential term that insureds must act honestly in making claims; dishonestly exaggerated claims disallow the entire fraudulent claim but do not void the policy retrospectively; Asteron was entitled to cancel under the CCLA for breach of that implied essential term and to recover payments made in periods where the insured was found to have dishonestly provided false information; Monthly Earned Income is the net earnings of the business for a self‑employed insured and abated any entitlement for the periods shown in the accurate accounts.