Herbohn v NZI Life Ltd

This is a case between the plaintiff, Barbara Jean Herbohn, and the defendant, NZI Life Ltd, regarding a claim for total and permanent disability benefits under an insurance policy. The plaintiff seeks compensation in the amount of $500,000, plus interest, under the terms of a policy of insurance dated 22 April 1988. The defendant denies the claim on various grounds, including the alleged lack of insurable interest, non-disclosure of material facts, and exclusion clauses in the policy.

The court found that there was a valid contract of insurance in favour of the plaintiff, and that Dr Bianchi became totally and permanently disabled as a result of tinnitus. The court also found that the plaintiff's claim did not fall within the terms of the policy or were any clauses of exclusion applicable so that the plaintiff is unable to recover under the policy. The court held that the non-disclosures made by Dr Bianchi amounted to misrepresentations, but they were not made fraudulently. Therefore, the defendant is no longer entitled to avoid the contract.

In conclusion, the court found in favour of the plaintiff and ordered the defendant to pay the plaintiff compensation in the amount of $500,000, plus interest, in accordance with the terms of the insurance policy.