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Court of Appeal Wellington
CA256/2019, CA308/2019
17 June; 19 August 2020
Goddard , Ellis and Katz JJ
CA256/2019, CA308/2019
17 June; 19 August 2020
Goddard , Ellis and Katz JJ
Contract and commercial law — Cancellation notice of cancellation by statement of claim — Clear had cancelled — No particular form of words required — Contract and Commercial Law Act 2017.
Evidence — Documentary hearsay — Effect of inclusion in common bundle — Document admissible — Not evidence of truth of contents — Evidence Act 2006 ss 18 and 132.
Insurance — Construction — Income protection policy — “Work” — Not limited to own endeavours — “Totally disabled” — Onus of proof.
Insurance — Fraudulent claims rule — Dishonesty required — Implied term not rule of common law — Essential term — Breach gives right to cancel — Effect of cancellation for breach.
Insurance — Right to cancel — Not separate insurance regime — Contract and Commercial Law Act 2017 s 41(1)(a).
Insurance — In accurate initial claims — Dishonesty in subsequent claim — Whether insurer able to counterclaim all payments — Insured entitled to retain benefits from initial period where no dishonesty.