11 May 2016
JARDEN AND JARDEN v LUMLEY GENERAL INSURANCE (NZ) LIMITED [2016] NZCA 193
- Citation
- [2016] NZCA 193
- Court
- Court of Appeal
The Court allowed further evidence and held the correct EQC payment for the events was $123,850 (breakdown: $113,850 for 4 Sept 2010 after excess, and $10,000 for 22 Feb 2011); Lumley's top-up liability is measured against EQC's statutory obligation under s18 ECA and Lumley is entitled to verify that any EQC payment equates to that statutory liability before paying top-up; appellants failed to prove most specific defect claims were earthquake-caused and the High Court findings stand except for correction of the EQC payment amount.