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Insurance Case Law Update April 2017

Written by Nick Gillies, Christina Bryant, Stephanie Corban, Sarah Holderness, Hannah Yiu, Michael O'Brien, Nina Thomson, Mary Battersby, Anna Parker, Richard Belcher and Rob McStay on April 18th, 2017.

This update provides a summary of judgments released over the past six months.  A more extensive discussion of particular judgments is linked to case names highlighted in the summary table. For further information on issues raised in this update, please contact the Hesketh Henry insurance law team.

Topics: Insurance Law
 

A contractual duty of good faith: Young v Tower Insurance Ltd [2016] NZHC 2956

Written by Christina Bryant and Richard Belcher on December 23rd, 2016.

A High Court judge has held that a mutual duty of good faith is implied in every insurance contract.  Damages may be awarded for breach of that duty.
 
Topics: Insurance Law
 

Insurance Case Law Update

Written by Christina Bryant, Nick Gillies, Helen Macfarlane, Gennise Luen, Hannah Yiu, Anna King, Nina Thomson, Mary Battersby, Richard Belcher, Rob McStay and Ella Collis on September 19th, 2016.

In this insurance law update we summarise significant decisions released in 2016 so far.
Topics: Insurance Law
 

Insurance Case Law Update

Written by Christina Bryant, Nick Gillies, Anna King, Nina Thomson, Mary Battersby and Richard Belcher on December 17th, 2015.

In this insurance law update, we summarise significant decisions released in the second half of 2015.  
 
Topics: Insurance Law
 

Insurance Case Law Update

Written by Christina Bryant, Nick Gillies, Stephanie Corban, Gennise Luen and Nina Thomson on July 3rd, 2015.


In this update, we summarise significant decisions released in the first half of 2015.
Topics: Insurance Law
 

Insurance Case Law Update

Written by Christina Bryant, Stephanie Corban, Nick Gillies and Gennise Luen on December 23rd, 2014.

In this update, we summarise significant insurance decisions released in the latter part of 2014.
Topics: Insurance Law
 

Crystal Imports Ltd v Certain Underwriters at Lloyds of London [2013] NZHC 3513

Written by Brett Morley, Christina Bryant and Shukti Sharma on April 28th, 2014.

Like Ridgecrest, Marriott and Wild South,[1] this claim concerns damage sustained by an insured property in successive earthquake events.  The question arising in all of these claims is whether the insured can claim the cost of remedying damage caused by each earthquake.  Crystal Imports is of particular interest due to Cooper J’s decision that the doctrine of merger applied to the material damage policy at issue in that proceeding.
 
[1] Ridgecrest New Zealand Ltd v IAG New Zealand [2013] NZCA 291, [2013] 3 NZLR 618 (CA), Marriott v Vero Insurance New Zealand Ltd [2013] NZHC 3120, Wild South Holdings Ltd v QBE Insurance (International) Ltd [2013] NZHC 2781
Topics: Insurance Law
 

Marriott v Vero Insurance New Zealand Ltd [2013] NZHC 3120

Written by Brett Morley, Christina Bryant and Shukti Sharma on April 28th, 2014.

This claim, Wild South and Crystal Imports[1] all involve the application of an automatic reinstatement clause in a policy, in circumstances where the insured property sustains damage in successive earthquakes.  Both Marriott and Crystal Imports make it clear that reinstatement occurs at the time of damage, and notice that cover will not reinstate must be given before a further event occurs giving rise to a right of claim under the policy.  
 
 
[1] Wild South Holdings Ltd v QBE Insurance (International) Ltd [2013] NZHC 2781, Crystal Imports Ltd v Certain Underwriters at Lloyds of London [2013] NZHC 3513
Topics: Insurance Law
 

Mr V v Sovereign Assurance Co Ltd [2013] NZHC 3051

Written by Brett Morley, Christina Bryant and Shukti Sharma on April 28th, 2014.

Mr V was a member of a group insurance scheme for income protection.  He suffered from chronic pain syndrome, which prevented him from working in his former occupation.  Under his policy, Sovereign could cease payment of his benefit after two years if it considered on reasonable grounds that he was not suffering from a total disability.  Sovereign obtained expert opinions from an occupational physician and a vocational assessor, and decided that Mr V was no longer entitled to a benefit.
Topics: Insurance Law
 

Skyward Aviation 2008 Ltd v Tower Insurance Ltd [2014] NZCA 76

Written by Brett Morley, Christina Bryant and Shukti Sharma on April 28th, 2014.

Skyward and O’Loughlin[1] concern the interpretation of Tower’s Provider House Policy.  The judges dealing with the claims in the High Court largely agreed on the policy’s meaning (see our December 2013 update).  The plaintiffs in O’Loughlin settled their claim with Tower; Skyward, however, was successfully appealed.
 
[1] [2013] NZHC 670, [2013] 3 NZLR 275
Topics: Insurance Law
 

BFSL 2007 Ltd v Steigrad [2013] NZSC 156

Written by Brett Morley, Christina Bryant and Shukti Sharma on April 28th, 2014.

On 23 December 2013, the Supreme Court delivered a controversial decision on the operation of s 9 of the Law Reform Act 1936 on costs-inclusive liability policies, which is likely to have ongoing adverse consequences for insurers and their insureds.
Topics: Insurance Law
 

Insurance Case Law Update

Written by Christina Bryant and Nick Gillies, with assistance from Michael O’Brien, Sarah Holderness and Taryn Doherty on December 13th, 2013.

As expected, the Canterbury earthquakes have resulted in a plethora of insurance litigation.  The Christchurch High Court has a dedicated earthquake list to deal with the volume of cases.
 
In this update, we provide a summary of key decisions issued over the past 12 months.  More detailed information on judgments having a wider impact on the insurance sector and the general law is linked to the case names highlighted in the summary table.
 
Topics: Insurance Law
 
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