Life insurance: the rights of a survivor

The New Zealand Court of Appeal in Miah v National Mutual Life Association of Australasia Ltd [2016] NZCA 590 has reversed the decision of Associate Judge Dougue of the High Court of New Zealand, [2015] NZHC 993 as regards the benefits of a joint names life insurance policy following the bankruptcy of one of the parties. The case is of interest for its discussion of English authorities on the same point.

Miah: the facts

In June 2006 NMU, a life insurer, issued a policy for NZ$2 million on the life of Mrs Miah. The interests of NMU were transferred to Axa, which acted as the defendant in the proceedings.