New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Material damage insurance

Legal area

Court

5 Nov 2021

BODY CORPORATE 423090 v QBE INSURANCE (INTERNATIONAL) LIMITED [2021] NZHC 2989 [5 November 2021]

Citation

[2021] NZHC 2989
Court

High Court

The Court found parts of the claimed "Wasted Works" were insufficiently particularised on the face of the pleading; rather than order immediate particulars the Court adjourned the application until after receipt of the Body Corporate's expert evidence (due 26 Nov 2021), directed a procedure for reconvening the particulars application or filing a memorandum if QBE is satisfied, required the Body Corporate to explain the wasted costs in its opening at trial if QBE files such a memorandum, allowed experts to confer, and left costs reserved.
2 Jul 2015

HHR CHRISTCHURCH NTL LIMITED V CRYSTAL IMPORTS LIMITED CA734/2013 [2015] NZCA 283

Citation

[2015] NZCA 283
Court

Court of Appeal

Majority held the policy claim was not appropriate for summary judgment because the policy was ambiguous and factual findings were required, but upheld summary judgment on the estoppel claim: Allianz's certificate, procured and passed on by Host, unambiguously represented Crystal's interest was insured and Crystal reasonably relied on it, so Host and Allianz were estopped from denying coverage.