29 Oct 2021
JDA CO. LTD v AIG INSURANCE NEW ZEALAND LTD [2021] NZHC 2912
- Citation
- [2021] NZHC 2912
- Court
- High Court
The policy does not require exporters to be ATL customers other than for insurance; election of Institute Cargo Clauses (A) or (B) is required prior to attachment but Clause (B) (named perils) is implied in absence of express election by virtue of the parties' conduct/estoppel; a timely monthly declaration to the insurer (within seven days of month end) is a promissory warranty — breach discharges insurer from date of breach; JDA had a standing order evincing pre-attachment intention but failed to include its vehicle in the relevant monthly declaration so no recoverable liability; NCL and Int…