28 Feb 2019
EMMONS DEVELOPMENTS NZ LTD v MITSUI SUMITOMO INSURANCE CO LTD & VERO INSURANCE LTD [2019] NZHC 277
- Citation
- [2019] NZHC 277
- Court
- High Court
The court held reinstatement cover (MD022) responds to restoration of defined earthquake-damaged portions; a binary crack-width metric alone is inadequate so Category 2 cracks from 0.2mm upward fall within cover only where they form part of a proven earthquake-damaged portion (nexus by number, location, intersection and cumulative loss of aggregate interlock); epoxy injection for top-surface horizontal cracks must be applied to the full visible length for covered cracks (industry practice) with QA by core sampling; pre-existing cracks are covered only if they contribute to a damaged portion;…