New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Deductible

Legal area

Court

15 Dec 2014

MORRISON and CROSS v VERO INSURANCE NEW ZEALAND LIMITED [2014] NZHC 3229

Citation

[2014] NZHC 3229
Court

High Court

The Court found Vero liable to indemnify the plaintiffs for additional material damage caused by the September, February and June earthquake events; adopted MWHR costing methodology and fixed quantification (undepreciated and depreciated figures), ordered specific monetary payment for the June event with interest, excluded new pilings from indemnity but required their inclusion for reinstatement, deferred the deductible issue, and awarded costs on a 2B scale with a 10% uplift to reflect inefficiencies from Vero's management of expert evidence.
25 Sept 2014

MORRISON and CROSS v VERO INSURANCE NEW ZEALAND LIMITED [2014] NZHC 2344 [25 September 2014]

Citation

[2014] NZHC 2344
Court

High Court

The Weidlinger modelling is admissible and substantially helpful as an input to allocate relative ground-shaking impact but cannot be applied arithmetically as the sole method to fix repair apportionment; assessment requires qualitative and quantitative judgment. On the balance of probabilities the bulk of damage occurred on 22 February 2011, with additional material damage from the September 2010 and June 2011 events; December 2010 and April 2011 did not cause material additional damage on the evidence. Vero is therefore liable to indemnify for the September (already paid), February and June…