New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of valid claim

Legal area

Court

3 Nov 2014

JCS COST MANAGEMENT LTD & JOHNSTON v QBE INSURANCE (INTERNATIONAL) LTD [2014] NZHC 2718

Citation

[2014] NZHC 2718
Court

High Court

The pleaded claim by the Council did not allege civil liability arising in connection with the insured's defined professional business practice; the insurer's duty is measured by the claim as pleaded, not by contrary evidence adduced at trial, therefore no "valid claim" arose under the policy and summary judgment for the defendant was proper.
28 Mar 2011

TIMTECH CHEMICALS LIMITED V QBE INSURANCE (INTERNATIONAL) LIMITED HC AK CIV 2009-404-2194

Citation

openlaw-cb67b2f1_9189_471a_a6e9_d36593dc6556.pdf
Court

High Court

The CHH claim arose from Timtech's contractual failure to treat timber to CHH's specified standards (a failure of performance/supply), not from Timtech's provision of professional advice as defined in the policy; therefore the claim was not a 'Valid Claim' arising 'in connection with' the insured's defined professional business practice and was excluded by specific policy exclusions, entitling QBE to judgment.