8 Sept 2022
NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED [2022] NZCA 422
- Citation
- [2022] 3NZLR 528
- Court
- Court of Appeal
Exclusion 13(a) does not automatically exclude entire third‑party claims that include some weathertightness allegations; exclusion applies only to the portion of liability causally attributable to weathertightness. RiskPool's denial of indemnity amounted to a practical repudiation allowing the Council, as a prudent uninsured, to settle; a reasonable global settlement fixes the insurer's liability subject to apportionment and permitted deductions. Dalton Street correspondence was inadmissible to interpret the Protection Wording.