Quinby Enterprises Ltd (In Liquidation) v General Accident Fire and Life Assurance Corporation Public Ltd Co - [1995] 1 NZLR 736

Insurance — Liability of insurer — Obligations of disclosure — Proposal not requiring disclosure of any other material facts affecting risk insured — Test of materiality — Whether insured had duty to disclose material facts in absence of requirement in proposal.

Insurance — Liability of insurer — Waiver of disclosure by insured — Proposal containing declaration by insured that answers true and complete statement — Whether insurer waived further disclosure by insured.

Insurance — Liability of insurer — Fair Trading Act — Insurer not advising insured of general duty to disclose material facts — Whether misleading or deceptive conduct by insurer — Fair Trading Act 1986, s 9.

Insurance — Liability of insurer — Obligation of disclosure — Insured's manager sentenced to imprisonment for receiving stolen property six years before insurance — Insured dishonestly appropriating money from investors to its bank account instead of secured investments — Insured in financial difficulties — Whether insured owed a duty to disclose those facts to insurer.