New Zealand Case Law: Decisions & Judgments

Topic

Moral hazard

Legal area

Court

6 Nov 2019

TOOMEY, SIMPSON and CANTERBURY TRUSTEES (2016) LTD as trustees of the TOOSIM FAMILY TRUST v IAG NEW ZEALAND LTD [2019] NZHC 2882

Citation

[2019] NZHC 2882
Court

High Court

Court, bound by Xu v IAG, struck out the claim: reinstatement benefit could not be assigned because Short had not incurred reinstatement costs at the time of assignment; Toosim cannot recover reinstatement costs it will incur; indemnity claim fails because Short suffered no financial loss when selling at market value unaware of the damage.
3 Jul 2019

RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2019] NZSC 68 [3 July 2019]

Citation

[2019] 1 NZLR 600
Court

Supreme Court

Majority held that under the IAG standard replacement policy the entitlement to replacement benefits in clause 1(a) is conditional on reinstatement by the insured named in the policy and, where reinstatement by the insured has not occurred, that conditional entitlement is not assignable so as to entitle an assignee to reinstate and be reimbursed; condition 2 does not extend cover to purchasers for loss that pre-dated the sale agreement; appeal dismissed.
22 Aug 2016

QUAKE OUTCASTS v MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZHC 1959

Citation

[2016] NZHC 1959
Court

High Court

Nation J held the Minister's July 2015 decision approving the Recovery Plan and offers (100% of 2007 land value for uninsured properties and no payment for uninsured improvements) was lawfully within the Minister's statutory powers, taken with regard to the Supreme Court's judgment, and was a decision a reasonable Minister could reach in accordance with the Act (ss 3 and 10). The Supreme Court majority did not rule that insurance status could never be a relevant factor, so treating insurance status as one relevant consideration was permissible provided other relevant factors were considered.

New Zealand Case Law

TOOMEY, SIMPSON and CANTERBURY TRUSTEES (2016) LTD as trustees of the TOOSIM FAMILY TRUST v IAG NEW ZEALAND LTD [2019] NZHC 2882

RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2019] NZSC 68 [3 July 2019]

QUAKE OUTCASTS v MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZHC 1959