New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Average clause

Legal area

Court

18 Apr 2016

CRYSTAL IMPORTS LIMITED v CERTAIN UNDERWRITERS AT LLOYDS OF LONDON & ANOR [2016] NZHC 710

Citation

[2016] NZHC 710
Court

High Court

The adjournment was granted because, on the limited material before the Court, it could not be concluded that the expert quantification and the remaining judicial issues were entirely discrete; the risk of inconsistent outcomes and significant prejudice to the plaintiff outweighed the limited prejudice to defendants, and the 16 May 2016 fixture was vacated.
16 Dec 2014

CERTAIN UNDERWRITERS AT LLOYDS OF LONDON v CRYSTAL IMPORTS LIMITED [2014] NZSC 186

Citation

[2014] NZSC 186
Court

Supreme Court

Leave to appeal was refused because the Court of Appeal and High Court reached orthodox interpretations of the specific policy wording: the RSI clause reinstates cover from the date of the loss event (with notices cancelling reinstatement operating prospectively) and the average clause valuation reflects the basis of recovery elected by the insured; no point of principle or miscarriage of justice justified further appeal.