New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fair insurance code

Legal area

Court

6 Nov 2018

KRISTINSSON v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2018] NZHC 2863

Citation

[2018] NZHC 2863
Court

High Court

Most challenged pleadings were struck out because they were irrelevant to the single pleaded contractual cause of action: non-contractual documents (Human Rights Checklist, Best Practice Guidelines except as narrowly pleaded) and statutory references (HSWA s36, privacy investigatory material) do not create contract liability unless properly pleaded as implied or express terms; plaintiff was permitted a tightly prescribed opportunity to replead only to allege limited implied obligations (including narrow reference to Best Practice Guidelines) and to correct defects; costs awarded to defendant.
17 Jul 2015

PARKIN v VERO INSURANCE NEW ZEALAND LIMITED [2015] NZHC 1675

Citation

[2015] NZHC 1675
Court

High Court

Insurer did not breach the policy: under the policy the insured controls reinstatement but insurer's obligation to pay the cost is triggered only when the insured has incurred the costs or a legal obligation to pay (unless insurer validly elects indemnity, which did not occur); placing claim on insurer's cash settlement list was an extra-contractual step not an election to pay indemnity; jack-and-pack remediation for lower level piles is acceptable and meets the policy standard in these circumstances; retaining wall liability and quantum were not proved; no general damages awarded.