New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Promissory warranty

  • 27 Apr 2023

    JDA CO LIMITED v AIG INSURANCE NEW ZEALAND LIMITED [2023] NZSC 41

    Citation
    [2023] NZSC 41
    Court
    Supreme Court

    Leave to appeal was refused because the case turns on specific factual findings made concurrently by the courts below concerning intention to insure and late declaration, the premium declaration clause is mandatory and operates as a promissory warranty under the Marine Insurance Act 1908, ATL was unlikely to be the insurers' agent on the facts, and the issues do not raise matters of general or public importance with sufficient prospects of success.

  • 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…