30 Mar 2012
Scaife v Accident Compensation Corporation
- Citation
- [2012] NZACC 114
- Court
- District Court
The appellant was using his teeth naturally while consuming salami; there is no evidence that the object bitten was foreign to the food. The appellant failed to discharge the onus to prove the injury was not caused by the natural use of his teeth, so the s26(4) exclusion applies and the respondent's decision to decline cover is upheld.