20 Dec 2018
BRUCE v IAG NEW ZEALAND LIMITED [2018] NZHC 3444
- Citation
- [2018] NZHC 3444
- Court
- High Court
Insurer liable to reinstate to the condition 'as when new' where practicable; assessment requires comparison with quality when originally built and differentiation between structural/functional requirements and aesthetic standards; here plaintiffs proved inadequate reinstatement as to internal finishes and that floors and walls do not match the original condition, but structural performance was not compromised and some defects (wall verticalities; uneven floor levels) lack a reasonable, practical remediation that would yield perceptible benefit; internal finishes must be remediated in accorda…