Whitwell v South Island Motor Union Mutual Insurance Association - [1960] NZLR 433

Insurance — Motor-vehicle (Third Party) risks — Failure by insured to report accident forthwith — Damages awarded to party injured in accident — Action defended by insurer — Insurer not estopped from recovering amount paid — No waiver of right to recover from insured or election not to exercise such right — Transport Act 1949, s. 73 (4).