12 May 2023
POLLADIO HOLDINGS LTD v THE NEW INDIA ASSURANCE CO LTD [2023] NZHC 1147
- Citation
- [2023] NZHC 1147
- Court
- High Court
The court held hail caused accidental loss but the perforations and damaged nails resulted from the combined effect of hail and pre-existing rust; under the Wayne Tank principle the rust exclusion (cl 5.5.3(c)) prevails for those losses and the denting was cosmetic and excluded by the marring clause (cl 5.6.1(c)); independently, the insured made dishonest and late statements breaching claims conditions entitling the insurer to decline the claim; accordingly the plaintiff's claim fails and defendant is successful.