Appeal – error? February 21, 2019

Elskaf v GIO General Limited [2019] NSWCA 23

Appeal from a decision of the District Court. The primary Judge (Wass SC DCJ) dismissed the appellant’s claim against the respondent (GIO) under a Motor Vehicle Insurance Policy (Policy) for the agreed value of a Ferrari 360 Modena vehicle (Vehicle). [1] The appellant’s case was that the Vehicle was rendered a “statutory write-off” when he drove the Vehicle at the direction of the police into floodwaters on Newbridge Road, Moorebank on 8 March 2012. Under the Policy the agreed value of the Vehicle was $185,000.

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