Court of Appeal Wellington
24 May 1989; 16 February 1990
Cooke P, Somers and Wylie JJ
24 May 1989; 16 February 1990
Cooke P, Somers and Wylie JJ
Insurance — Fire — Assignment of insured's rights under policy to purchaser — Indemnity and excess of indemnity — Liability of insurer — House on farm was insured for indemnity value and for excess of indemnity if insured reinstated or replaced it — On morning of farm's auction the house was destroyed by fire and purchaser purchased farm knowing of such destruction — Vendor subsequently assigned policy to purchaser — Whether insurer was liable to purchaser for indemnity value of house — Whether insurer was liable to purchaser for excess of indemnity value.
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