Court of Appeal Wellington
28 June; 30 July 1982
Woodhouse P, Somers J and Sir Thaddeus McCarthy
28 June; 30 July 1982
Woodhouse P, Somers J and Sir Thaddeus McCarthy
Insurance — Motor vehicle — Liability of insurer — Conditional purchase agreement for motor vehicle had been assigned by vendor to a finance company by way of mortgage — Vehicle was extensively damaged in an accident — After the accident the conditional purchaser could not be found and neither the finance company nor the vendor were able to provide insurer with details of how the accident occurred — Vendor repaid finance company for its loss — Whether failure to provide details of accident precluded a claim under insurance policy — Whether finance company could recover loss on vendor's behalf when vendor was not a party to the contract of insurance.
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