Countrywide Finance Ltd v State Insurance Ltd - [1993] 3 NZLR 745

Insurance — Liability of insurer — Floating restaurant sinking — Sinking caused by combination of worm damage and dry rot — Exception in policy for loss or damages caused by micro-organisms — Whether loss within policy if one of possible causes is not an excluded cause.

Insurance — Liability of insurer — Representations by party originally insured Material misrepresentation — Original insured going into receivership — New policy effected by receiver — Whether insurer liable because of original misrepresentation.

Insurance — Liability of insurer — Waiver — Insurer accepting premium after knowledge of loss — Claim still being investigated — Whether insurer had waived defences to claim.

Practice and procedure — Declarations — Observations as to appropriateness of declaration as a remedy — Declaratory Judgments Act 1908.