6 Jul 2017
SADAT v TOWER INSURANCE & EQC [2017] NZHC 1550
- Citation
- [2017] NZHC 1550
- Court
- High Court
Plaintiffs failed to prove on the balance of probabilities that the September 2010 earthquake caused material physical damage to the house distinct from pre-existing foundation defects and ongoing subsidence; the primary cause of the need to rebuild was inherent/ pre-existing foundation inadequacy and subsidence (an excluded risk), so neither EQC nor Tower are liable to pay for a full rebuild; accordingly plaintiffs' claims are dismissed.