13 Aug 2015
TOWER INSURANCE LIMITED v DOMENICO TRUSTEE LIMITED CA303/2015 [2015] NZCA 372 [13 August 2015]
- Citation
- [2015] NZCA 372
- Court
- Court of Appeal
The Court of Appeal allowed the appeal because Tower had not made an unequivocal election to settle by immediate cash payment on the pleaded basis and the High Court erred in making a finding that an election had been made by reason of delay where that cause of action was not pleaded and the insurer was prejudiced; the matter must be reheard in the High Court.