ANGUS v ACE INSURANCE LIMITED [2014] NZHC 258

ANGUS v ACE INSURANCE LIMITED [2014] NZHC 258

On the balance of probabilities the Court found that Mr Angus deliberately failed to fully set the alarm and was present in the main building when petrol was poured and used; physical and expert evidence (accelerant distribution, petrol on shoes versus petrol/kerosene mix on clothing, access to locked areas, alarm log consistency and lack of credible third-party perpetrator) made the plaintiffs' robbery account implausible. Consequently the defendants proved that Mr Angus set the fire and made a false claim, entitling defendants to judgment and costs.

Citation
[2014] NZHC 258
Parties
First Plaintiffs: DENNIS WILLIAM ANGUS AND BRIAN ERSKINE-SHAW; Second Plaintiffs: SHERYL ELEANOR ANGUS AND BRIAN ERSKINE-SHAW; Third Plaintiffs: DENNIS WILLIAM ANGUS AND SHERYL ELEANOR ANGUS; First Defendant: ACE INSURANCE LIMITED; Second Defendant: CERTAIN UNDERWRITERS AT LLOYDS AS PER POLICY CHG090466
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 February 2014
Procedural Posture
Civil: Insurance Claim (arson/fraud) / Judgment After Trial
Outcome
Judgment for the defendants; plaintiffs' claims dismissed
Legal Topics
Insurance Indemnity, Forfeiture for Fraudulent Claims, Standard of Proof in Civil Fraud Allegations, Alarm System Evidence, Expert Fire Investigation, Credibility and Witness Assessment
Insurance Law Arson Fraud Evidence Contract Law Civil Procedure Insurance Indemnity Forfeiture for Fraudulent Claims +4 more

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Parties

DENNIS WILLIAM ANGUS AND BRIAN ERSKINE-SHAW

First Plaintiffs

SHERYL ELEANOR ANGUS AND BRIAN ERSKINE-SHAW

Second Plaintiffs

DENNIS WILLIAM ANGUS AND SHERYL ELEANOR ANGUS

Third Plaintiffs

ACE INSURANCE LIMITED

First Defendant

CERTAIN UNDERWRITERS AT LLOYDS AS PER POLICY CHG090466

Second Defendant

Procedural Posture

Civil: Insurance Claim (arson/fraud) / Judgment After Trial

Legal Issues

  1. 1 Whether the fire was deliberately set by the insured (Mr Angus) or by third party robbers
  2. 2 Whether the alarm was set or deliberately left unset and the significance of alarm logs
  3. 3 Presence and source of accelerant on clothing and in building

Ratio Decidendi

On the balance of probabilities the Court found that Mr Angus deliberately failed to fully set the alarm and was present in the main building when petrol was poured and used; physical and expert evidence (accelerant distribution, petrol on shoes versus petrol/kerosene mix on clothing, access to locked areas, alarm log consistency and lack of credible third-party perpetrator) made the plaintiffs' robbery account implausible. Consequently the defendants proved that Mr Angus set the fire and made a false claim, entitling defendants to judgment and costs.

Court Disposition

Judgment for the defendants; plaintiffs' claims dismissed

Orders

  • Judgment for the defendants
  • Plaintiffs' claims dismissed