New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Utmost good faith
  • 7 May 2019

    TAYLOR v ASTERON LIFE LIMITED [2019] NZHC 978

    Citation
    [2019] NZHC 978
    Court
    High Court

    Court accepted plaintiff suffered a Sickness but, on the admissible evidence, found he was not Totally Disabled; documentary and witness evidence demonstrated he worked substantially (>10 hours/week) and remained actively involved in the business so that Monthly Earned Income (calculated as 1/12th of net profit per policy) abated any entitlement; plaintiff deliberately misrepresented his working and provided false accounting material, breaching the duty of utmost good faith; under the Contract and Commercial Law Act 2017 and common law principles insurer was entitled to cancel and obtain rest…