i-law

LLR: Insurance & Reinsurance

BOLTON V NEW ZEALAND INSURANCE CO LTD WAYNE WILKINSON INSURANCE LTD

(1995) 4 Re LR 138

New Zealand High Court, Auckland

Before Mr Justice Cartwright

Marine insurance - Ambiguity - Broker’s duty to insured - Whether coastal warranty in blue water extension was ambiguous - Whether insurer had waived right to cancel insurance by affirming insurance cover which had expired - Whether insured, through his broker, misrepresented or failed to disclose material circumstance - Whether broker’s failure to draw insured’s attention to fact that crew changes could result in cancellation or suspension of cover was negligent - Causation - Damages.

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