30 Aug 2018
NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED [2018] NZHC 2269
- Citation
- [2018] NZHC 2269
- Court
- High Court
Exclusion 13, properly construed, does not automatically exclude indemnity for an entire third-party statement of claim that contains both weathertightness and non-weathertightness allegations; a single statement of claim can incorporate multiple distinct claims and any ambiguity in an exclusion is to be resolved against the insurer; accordingly the insured had a realistic prospect of establishing a right to indemnity and the strike-out application failed.