Lladro claim fails against AA Insurance

In Newberry v AA Insurance Ltd [2015] NZHC 2457  the High Court (Nation J) on 8 October 2015 considered a claim by Brian Newberry about 30 Lladro figurines damaged in the Christchurch earthquakes that had a replacement value of $210,065.  The problem for Mr Newberry was that his insurance policy had a limit for “works of art” of $5000 per item with a total of $20,000, unless the items were separately specified in the insurance policy schedule.  Unfortunately, he did not specify the Lladro as “works of art”.  The insurance policy defined “works of art” as – Pictures, paintings, prints, sculptures, ornaments, tapestries, antiques (other than furniture), hand woven mats or rugs.  At the Court hearing Mr Newberry via his lawyers (Lane Neave- Duncan Webb) argued that the Lladro pieces were neither sculptures, nor ornaments.  Nation J decided that the Lladro was clearly within the common sense definition of “ornament”.  So Mr Newberry failed and will now likely have a liability to pay AA’s costs.