New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Renewal declarations

  • 2 May 2012

    NICOLA JAYNE MARCHAND, JACQUES RENARD MARCHAND AND PATRICK GREGORY COSTELLO V JOHN F JACKSON HC CHCH CIV-2011-409-000810

    Citation
    openlaw-e38183d5_bc37_4938_b7f5_09d1053cddae.pdf
    Court
    High Court

    Summary judgment was declined because the Court was not satisfied on the affidavits and available evidence to the requisite degree that the defendant's conduct was dishonest or that non-disclosure was deliberate; the factual matrix, including medical evidence of impaired memory and effects on performance, requires trial to resolve causation and deliberate conduct for application of exclusions E and Q and Obligation 4.

    • Exclusion clauses
    • Dishonesty
    • Non-disclosure
    • Renewal declarations
    • Insurer indemnity
    • Causation

  • 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.

    • Non-disclosure (utmost good faith)
    • Inducement to contract
    • Waiver of disclosure
    • Materiality
    • Public liability insurance
    • Professional indemnity