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In a puzzling result, Dunningham J in Moore v IAG New Zealand Ltd [2019] NZHC 1549 decided that the earthquakes of 4 September 2010, 22 February 2011 and 13 June 2011 had the same cause and were one event for the purposes of the IAG policy.  The effect was that Mr Moore could  only recover the total sum insured of $2,500,000 plus gst once notwithstanding there was damage in each event and remediation was in excess of $4M.  This is yet another insurer favourable judgment out of the High Court in Christchurch.

In Biggins & anor v Southern Response Earthquake Services Ltd [2018] NZDC 25609 the District Court considered an application by an insured home owner for summary judgment for the cost of a carport that was not included when SR rebuilt the insured’s house.  There were also claims for general damages and the owners’ share of liability for a common driveway.  The insured house had a carport.  The house rebuilt by Southern Response after the earthquakes did not.  SR said it was not liable because the cost of a carport was included in the costing for the rebuilt house.  Southern Response lost.  There were no documents that supported the SR position.  […]

Fitzgerald & ors v IAG New Zealand Ltd [2018] NZHC 3447 was a High Court judgment by Gendall J about the repairability of a rubble foundation damaged in earthquake(s).  The Fitzgeralds appealed the judgment to the Court of Appeal, but also applied to have Gendall J recall his judgment on the grounds that the Court had relied upon incorrect evidence by IAG’s expert engineer, Craig Lewis, about similar repair strategies being performed on other houses in Christchurch.  Apparently one house relied upon by Mr Lewis was TC2 and not TC3 and did not get a building consent as an exemption was granted.  In Fitzgerald & ors v IAG New Zealand […]

In Taylor v Asteron Life Ltd [2019] NZHC 978 the High Court (Cooke J) dismissed a claim by an insured, Peter Taylor,  to recover benefits under an income protection policy and upheld the insurer’s claim to recover $371,286.70 in payments made plus interest to be determined.  The Court found that Mr Taylor was not totally disabled because he continued to work after his alleged “sickness”.  The insurer called as witnesses three employees of Mr Taylor who gave evidence about the extent of Mr Taylor’s work that was far greater than what Mr Taylor said.  Documents also contradicted Mr Taylor’s evidence.  The Court also  found that Mr Taylor was not partially […]