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Earthquake Insurance assignments- indemnity only


In Xu & anor v IAG & anor [2017] NZHC 1964 the High Court (Nation J) decided that reinstatement rights/benefits were not assignable to a new owner where the earthquakes occurred before the new owner took ownership and the previous owner purported to assign the rights/claims by a deed of assignment.  So the new owner was only entitled to indemnity value as an assignee.  The rights under the policy were held to be personal rights of the insured.  The High Court applied the Court of Appeal decision in Bryant v Primary Industries [1990] 2 NZLR 142.  The Xu decision will be subject to an appeal.   It will cause problems for assignees and maybe people that gave advice about recoverability.