25 Feb 2014
JOHN FRANCIS JACKSON v IAG NEW ZEALAND LIMITED [2014] NZSC 12
- Citation
- [2014] NZSC 12
- Court
- Supreme Court
The Court upheld the Court of Appeal's application of the mixed objective-subjective test: the applicant's admitted contemporaneous knowledge rendered his conduct objectively dishonest by normally accepted standards, and there was a sufficient nexus between that dishonesty and the liability, so the dishonesty exclusion applied; the applicant's infirmities did not negate the objective element.