10 Apr 2008
HER MAJESTY'S ATTORNEY-GENERAL SUING IN RESPECT OF THE MINISTRY OF AGRICULTURE AND FORESTRY V AON NEW ZEALAND LIMITED HC WN CIV 2005-485-1814
- Citation
- openlaw-835022c7_d43a_4534_9072_b35b1e7db751.pdf
- Court
- High Court
AON breached its duties by failing to advise MAF of the transitional gap created by changed claims-made policy wording; that breach caused MAF's loss because, on the balance of probabilities, QBE would not have specifically excluded the AJS circumstance and the AJS claim fell within the insuring clause (third cause of action alleging negligent exercise of powers/advice), and AON failed to prove the malice/dishonesty exclusion would have applied; judgment awarded to MAF for settlement, costs and interest; estoppel not established.