New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Insurance exclusion clauses

Legal area

Court

1 Dec 2009

PEGASUS GROUP LTD V QBE INSURANCE (INTERNATIONAL) LTD AND ANOR HC AK CIV 2006-404-6941

Citation

openlaw-df6e5078_dc51_4066_a387_0b0d5602afc7.pdf
Court

High Court

Court accepted Pegasus had proved large‑scale theft based on reconciled stocktakes, surveillance and the claimant's expert (Cregten), rejected defendants' alternative analyses and unreliable expert evidence, held QBE liable under the policy for material damage and business interruption as quantified by the court's accepted experts (subject to deductibles and set‑offs), and held AHA liable under s9 to the extent of its policy subject to its deductible and set‑off; claims for exemplary damages were rejected.
8 Oct 2008

LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2007-404-1352

Citation

openlaw-3b07a3a3_13f0_417a_a33d_3d7ece3b751c.pdf
Court

High Court

The Building Defects Exclusion, read literally and in context, excludes indemnity for claims arising directly or indirectly from leaks/water penetration including negligent failure to detect such defects in a non-invasive survey; however, factual disputes exist as to whether the broker was authorised by QBE to represent that the exclusion did not apply to consultancy work. Those disputes are material and not appropriate for resolution on summary judgment or strike out, so the interlocutory applications must be dismissed.