Court of Appeal Wellington
24 November; 11 December 1989
Richardson, Bisson, Hardie Boys JJ
24 November; 11 December 1989
Richardson, Bisson, Hardie Boys JJ
Damages — Assessment — Remoteness — Interest paid to financier — Insurer in breach of contract to indemnify delayed payment of insured sum to insured — Insured as a result incurred additional interest charges to finance company whose interest was noted on policy — Insured claimed additional loss from insurer — Whether loss claimed by insured was within the reasonable contemplation of the parties as the natural or probable result of the breach of contract — Whether insurer was liable.
Insurance — Motor vehicle insurance — Exclusion clause — Tractor was insured under policy which contained warranty that it would not be let out on hire — Insured hired tractor to contractor in breach of warranty — Tractor was destroyed by fire at night while properly parked — Insurer denied liability because of breach of warranty — Whether the loss sustained was caused or contributed to by non-compliance with the warranty — Whether the insurer was liable — Insurance Law Reform Act 1977, s 11.
Loading... Please wait...
