High Court Wellington
14 December 1953 19 February 1954
Stanton J
14 December 1953 19 February 1954
Stanton J
Insurance — Comprehensive Motor-car Policy — Insured damaging Car of Other Party — Conditions of Policy requiring Insured to report Accident immediately on becoming aware of It and to report any Claim by Other Party — Insured reporting Accident Five Days after Its Occurrence — Company sending Insured to Its Adjuster — Adjuster taking Statement and later writing to Insured, on Company's Instructions, denying Liability in respect of Insured's Car but not referring to Other Party's Loss — Later, Insured receiving Claim from Other Party and confessing Judgment without notifying Company — Company's sending Insured to Adjuster not Waiver of Breach of Condition as to Immediate Notice of Accident — Insured not excused from Damnifying Result of His Breaches of Conditions.
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