18 Dec 2013
QBE INSURANCE (INTERNATIONAL) LTD v STEWARD MOTORSPORTS EUROPEAN LTD [2013] NZHC 3457
- Citation
- [2013] NZHC 3457
- Court
- High Court
The High Court upheld the primary judge's factual findings that the insured had bled the brakes prior to the trip, that the brakes subsequently failed causing the accident, and that QBE failed to prove fraud or tampering; expert Barton was preferred to QBE's investigator on credibility and technical grounds; the only error was the use of an 11% interest rate where the prescribed rate in force for the period was 8.4%, so the appeal was allowed solely to correct the interest calculation and the judgment sum was adjusted accordingly.