New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Public liability insurance

Legal area

Court

19 Nov 2010

BODY CORPORATE 204464 AND ANOR V WAITAKERE CITY COUNCIL AND ORS HC AK CIV 2008-404-007428

Citation

openlaw-e9c81d71_e3d1_421a_936e_5d2c595cf269.pdf
Court

High Court

Leave was granted because the court was satisfied QBE had been given an opportunity to be heard, relevant policy cover had been identified making an arguable case against the insured, and urgency arising from imminent expiry of the ten year long stop justified joinder under s 9 of the Law Reform Act 1936.
13 Dec 2006

QBE INSURANCE (INTERNATIONAL) LTD V JAGGAR & JAGGAR CA CA134/05

Citation

openlaw-d0923a5d_1d2f_483a_b581_3dd4ed239997.pdf
Court

Court of Appeal

Even assuming the OCEL letter was not disclosed, the Court held QBE failed to prove it was induced to accept the risk by that non-disclosure: the project background disclosure put QBE on notice that designs were not signed off, QBE waived further disclosure by using a limited renewal form, and QBE did not call the actual underwriter (Mr Tucker) to show inducement; appeal dismissed.