Court of Appeal Wellington
13 July; 20 August 1982
Woodhouse P, McMullin J and Sir Thaddeus McCarthy
13 July; 20 August 1982
Woodhouse P, McMullin J and Sir Thaddeus McCarthy
Contract — Negligence — Standard of care — Careless inquiry of insurance assessor — Motor vehicle insurance policy excluded liability if driver was at the time of an accident under the influence of liquor — Assessor employed by defendant did not discover that driver's blood alcohol count was excessive at the time of his fatal accident — Company paid out under policy — Whether defendant liable to insurance company for negligence.
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