In Gabriel & ors v EQC & Vero [2018] 1255 the High Court dismissed an application by Vero for summary judgment against the current owner of an earthquake damaged house based on an argument that the original insured had waived the claim against Vero. The original insured owner had apparently agreed with Vero in 2013 to close the claim, however, the evidence was uncertain about whether the claim referred to was only the “out of EQC scope claim” or the entire house claim. So the Court refused to enter summary judgment and the claim continues against Vero by the current owner assignee.
