New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Indemnity period

Legal area

Court

25 Feb 2014

SYDENHAM RECYCLING LIMITED v IAG NEW ZEALAND LIMITED [2014] NZHC 224

Citation

[2014] NZHC 224
Court

High Court

The court found that IAG's late, perfunctory and unexplained denial of the claim during the indemnity period materially precipitated litigation; accordingly the ordinary costs award in favour of the successful defendant was reduced by 20%, Item 32 was disallowed, and defendant must produce affidavitary evidence justifying claimed disbursements before entitlement is determined.
20 Dec 2013

SYDENHAM RECYCLING LIMITED v IAG NEW ZEALAND LIMITED [2013] NZHC 3518

Citation

[2013] NZHC 3518
Court

High Court

On the facts SRL failed to prove that full relocation and the claimed building costs were necessary and reasonable as at December 2011 and that the operational benefits would accrue within the indemnity period; the proposal was late and the claimed expenditures amounted to long‑term capital benefit outside the policy's indemnity limits and reinstatement exclusion, therefore insurer's refusal was objectively justified and no liability arose under clause L.