Farmers' Mutual Insurance Ltd v QBE Insurance International Ltd American International Underwriters Ltd v Farmers' Mutual Insurance Ltd - [1993] 3 NZLR 305

Insurance — Insurance practice — Interpretation of documents — Conduct of parties to contracts of reinsurance.

Insurance — Reinsurance — Reinsurance for both fire and earthquake risks in same amount — Statutory liability of Earthquake and War Damage Commission for indemnity portion of earthquake claim — Whether reinsurance contract for excess of earthquake indemnity only — Earthquake and War Damage Act 1944.

Insurance — Reinsurance — Rectification of contract documents — Common intention of parties — Knowledge as to inclusion of earthquake risk.

Insurance — Reinsurance — Moneys paid under mistake of law — Consideration of equities — Judicature Act 1908, s 94B.