JDA Co Ltd and Others v AIG Insurance New Zealand Ltd and Others - [2022] NZCA 532, New Zealand Court of Appeal (Justice Miller, Justice Gilbert and Justice Simon France) - 9 November 2022

Insurance (marine) - Declaration policy - Definition of "assured" under policy - Effect of assured's failure to nominate terms of coverage - Estoppel by convention - Effect of failure to make proper declarations of insured subject matter - Breach of warranty - Marine Insurance Act 1908 (New Zealand), section 34

Automotive Technologies Ltd (ATL) was a New Zealand company providing inspection services to Japanese companies that exported second-hand vehicles to New Zealand and other countries, although it was not an exporter in its own right. By an insurance scheme developed by ATL and its insurance brokers, Sage, insurance was to be provided in respect of vehicles coming through ATL's depot in Japan for inspection pending export. The insurance was in the form of a marine open cover under which the insurers were to provide insurance for the vehicles declared to them under the open cover.