5 Jul 2018
QBE INSURANCE (INTERNATIONAL) LTD v ALLIANZ AUSTRALIA INSURANCE LTD [2018] NZCA 239
- Citation
- [2018] NZCA 239
- Court
- Court of Appeal
The Court held the insurance contract was formed by pre-schedule communications between the broker and Allianz and that the parties objectively agreed cover would commence on expiry of the QBE policy (4 pm on 4 September 2010); the schedule did not alter that agreement, so Allianz was not on risk at 4.35 am and neither rectification nor an implied term was available.