7 Dec 2016
YOUNG v TOWER INSURANCE LIMITED [2016] NZHC 2956
- Citation
- [2016] NZHC 2956
- Court
- High Court
The insurer's only advanced repair strategy relied on winching methods and techniques that were not shown to be construction methods 'commonly used at the time of loss or damage' for steep hillside residential properties; accordingly the policy requirement could not be met, the damage was not repairable under the policy and the house is a rebuild; the insurer had not made a binding election to cash settle; plaintiffs are entitled to rebuild value up to $1,620,887 and limited damages (nominal $5,000) and temporary accommodation up to policy limit; exemplary damages denied.