5 Jun 2007
COUGHLAN V EARTHQUAKE COMMISSION HC AK CIV 2007-404-000013
- Citation
- openlaw-d57cb99d_d9ec_4cba_a10d_c4aabaaf0ce9.pdf
- Court
- High Court
The Court held the Commission's cover under the Earthquake Commission Act 1993 is statutory, not contractual, so the Insurance Law Reform Act 1977 does not apply; clause 7 of Schedule 3 is a condition precedent with a three-month longstop for notice and, because the plaintiff did not give notice within three months, the Commission is not obliged to provide cover and the plaintiff's claim discloses no reasonable cause of action and is struck out.