High Court Wellington
17, 18 November 1964
Henry J.
Court of Appeal Wellington
12, 13 April; 21 May 1965
North P., McCarthy J., McGregor J.
17, 18 November 1964
Henry J.
Court of Appeal Wellington
12, 13 April; 21 May 1965
North P., McCarthy J., McGregor J.
Insurance — Fire insurance — Insurer paying out full amount of policy — Such policy insufficient to cover insured's full loss — Insured taking proceedings against third party to recover uninsured loss — Whether bound to claim insured loss also — Position when only part of total loss recoverable from third party — Whether insurer bound to pay or contribute to costs of insured's action though not consenting to it.
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