In Doig v Tower Insurance Ltd  NZCA 107 the Court of Appeal dismissed an appeal by the Doigs about Tower’s representations about insurance cover/rights on a Redcliffe house the Doigs bought in a damaged state in September 2012 after the Canterbury earthquakes. The Doigs said that Tower had represented to them that they would get the reinstatement rights under the assigned policy rather than indemnity value. The Court confirmed the High Court view that Tower had not made an unequivocal representation about replacement cover and in any event the Doigs had not relied on any representation to their detriment as they were already legally committed to the purchase. The Doigs also said that they ought to have been awarded interest on the indemnity payment from the date of the earthquake of 22 February 2011. The Court disagreed and said that Tower did not have to pay until EQC had paid cap which was not until after July 2016. It also said that there was no policy right to interest for late payment and because there was no substantive judgment there could be no separate judgment for interest under s87 of the Judicature Act 1908.
0 0 Grant Shand Grant Shand2019-04-21 23:28:022019-04-21 23:28:53Tower Insurance wins appeal about assignment and interest