Wijeyaratne v Medical Assurance Society NZ Ltd - [1991] 2 NZLR 332

Insurance — Motor vehicle insurance — Liability of insurer — Insurable interest — Insurer issued policy on motor vehicle in belief that insured was the owner or part-owner of it — Insured was the driver and had option to purchase vehicle if owner decided to sell — Vehicle was stolen and insurer refused to indemnify as insured had no insurable interest in vehicle — Whether both parties had entered into contract of insurance by a common mistake — Whether policy should be rectified — Whether insured and owner were entitled to be indemnified — Contractual Mistakes Act 1977, ss 6 and 7.