9 Nov 2022
JDA CO. LTD v NIKKYO CO. LTD [2022] NZCA 532
- Citation
- [2022] NZCA 532
- Court
- Court of Appeal
Liability under the open marine policy required (1) that an exporter intended to insure with AIMS at the time the insured interest attached and (2) that vehicles intended to be insured through AIMS were declared in the monthly declaration for the month in which they were received into pre-shipment holding yards; the monthly declaration obligation was a promissory warranty under s34 Marine Insurance Act 1908 and failure to make a compliant declaration discharged the insurers from liability from the date of breach; on the facts JDA's single vehicle claim failed for late declaration, and Nikkyo…