26 Mar 2003
AMP GENERAL INSURANCE (NZ) LIMITED V LANCE HUGO Trading As HUGO AUTO SERVICES CA CA160/02
- Citation
- openlaw-38a0286e_f942_468b_bfd5_94b65b6ce961.pdf
- Court
- Court of Appeal
The court held that for s11 to deny indemnity an insured's admission must have actually caused or contributed to the insured's loss (the liability to pay the judgment), not merely have increased the risk of proceedings or prejudiced the insurer's negotiation position; on the facts the District Court's finding of negligence did not rely on the insured's admissions and therefore those admissions did not cause or contribute to the liability, so the insurer remained liable.