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The Court of Appeal dismissed an appeal against the High Court's decision, which had rejected a farmer's claim under an insurance policy for storm damage to farm buildings. The plaintiff argued that the insurance broker and insurer were responsible for incorrect information regarding the age and construction of the cattle sheds, leading to the insurer withdrawing cover retrospectively and refusing the damage claim. The High Court originally found the plaintiff responsible for providing the inaccurate information, a decision the Court of Appeal upheld, citing credible evidence that the plaintiff signed documents containing the misrepresentation and failed to correct them when given several opportunities. The appeal arguments that the broker's actions or admission of evidence were improper were rejected. The Court accepted the insurer's right to refuse renewal of the policy and found no basis to disturb the findings of the lower court, confirming that the plaintiff was not entitled to indemnity for the storm damage.
insurance claim – misrepresentation – storm damage – material non-disclosure – proposal form – burden of proof – appeal dismissed – insurer’s right to repudiate – refusal to renew policy – costs order – High Court decision affirmed – storm cover eligibility – disputed factual findings – Rules of the Superior Courts (RSC) – broker’s duties – applicant’s duty of candour – remedies for misrepresentation
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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