3 Jul 2019
MOORE v IAG NEW ZEALAND LIMITED [2019] NZHC 1549
- Citation
- [2019] NZHC 1549
- Court
- High Court
The words 'the same cause' in the policy require a proximate/direct cause of the events. On the uncontested seismological evidence (probability ≥97%) the 4 September 2010 earthquake was the proximate trigger for the February and June 2011 earthquakes so they had 'the same cause' for the purposes of the aggregation clause; accordingly the losses from both events are aggregated and the insurer's liability is limited to the policy sum insured.