31 May 2018
GABRIEL v EARTHQUAKE COMMISSION [2018] NZHC 1255
- Citation
- [2018] NZHC 1255
- Court
- High Court
Summary judgment was dismissed because the defendant did not establish beyond argument that the insured's statements were an unambiguous representation abandoning all claims; it was at least arguable the insured only referred to the EQC-excluded claim and the alleged representation was therefore ambiguous, so the waiver defence could not be determined finally on summary judgment.