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Gaunt v Gold Star Insurance Co Ltd - [1991] 2 NZLR 341

$30.00

High Court Wellington
22 June; 15 August 1990
Gallen J
Insurance — Motor vehicle insurance — Liability of insurer — Material non-disclosure by insured — Insured completed proposal for motor vehicle insurance with broker who assured him that he was covered from the following day — In reliance on assurance from broker that speeding infringements were not convictions insured omitted them from proposal — Three weeks later vehicle was written off in accident — Insurer had not then granted cover and on learning of accident declined cover — Whether broker was representative of insurer — Whether broker's assertion of cover became assertion of insurer — Whether insurer was estopped from denying cover — Whether disclosure of infringements to broker was disclosure to insurer — Whether insured should also be awarded general damages for failure to indemnify — Insurance Law Reform Act 1977, s 10.

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