New Zealand Case Law: Decisions & Judgments

Topic

Measure of indemnity

Legal area

Court

6 Dec 2016

PRATTLEY ENTERPRISES LIMITED v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 158

Citation

[2016] NZSC 158
Court

Supreme Court

There was no common mistake under s6 CMA 1977; the policy was a standard indemnity policy and the proper measure of Prattley's loss was the pre-event market/indemnity value (with ordinary adjustments such as demolition costs and residual land value), not cumulative repair/reinstatement costs without allowance for betterment; the settlement was therefore not voidable and the appeal is dismissed.
13 Jul 2015

AVONDALE GOLF CLUB INC v LUMLEY GENERAL INSURANCE (NZ) LIMITED [2015] NZHC 1627

Citation

[2015] NZHC 1627
Court

High Court

The Court declined to exclude Mr Keys' evidence at the interlocutory stage because admissibility depends on interpretation of the policy and the full body of evidence to be heard at trial; lack of independence or contested expertise affects the weight of expert evidence and is to be assessed by the trial judge, not resolved now; accordingly the defendant's application to exclude evidence was dismissed and targeted discovery was ordered.
19 Dec 2013

CRYSTAL IMPORTS LIMITED v CERTAIN UNDERWRITERS AT LLOYDS OF LONDON [2013] NZHC 3513

Citation

[2013] NZHC 3513
Court

High Court

The Court construed the policy to give effect to the Reinstatement of Sum Insured clause so that, absent timely written notice to the contrary, the sum insured is automatically reinstated from the date of each loss and is available for subsequent insured events; however the doctrine of merger applies so that unrepaired damage from the September earthquake was subsumed into the February total loss such that defendants' liability for September damage is limited to sums already paid before February and thereafter liability is limited to the full sum insured per item; the Average clause valuation…

New Zealand Case Law

PRATTLEY ENTERPRISES LIMITED v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 158

AVONDALE GOLF CLUB INC v LUMLEY GENERAL INSURANCE (NZ) LIMITED [2015] NZHC 1627

CRYSTAL IMPORTS LIMITED v CERTAIN UNDERWRITERS AT LLOYDS OF LONDON [2013] NZHC 3513