Back v National Insurance Co of New Zealand Ltd - [1996] 3 NZLR 363

Insurance — Liability of insurer — Home and contents insurance policies — Liability declined on basis of material non-disclosure and arson — Standard and nature of proof in each case — Deceit — Requirements for proof of deceit — Whether administrative error leading to continued payment of premium constitutes a waiver or an estoppel.

Evidence — Modes of proof — Claim under home and contents insurance policy — Defences of material non-disclosure and arson/fraud — Standard and onus of proof in each case.

Equity — Estoppel — Waiver — Requirements for establishing waiver and estoppel — Instructions given to cancel insurance policy — Insurer's acceptance of premiums after being wrongfully advised by agent of continuance of policy and consequent continued acceptance of premiums — Whether such acceptance constituted waiver or estoppel.