New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Notification of circumstances

Legal area

Court

3 Nov 2015

WALTERS (TRADING AS WALTERS LAW) v AIG INSURANCE NEW ZEALAND LIMITED [2015] NZHC 2701

Citation

[2015] NZHC 2701
Court

High Court

Summary judgment was dismissed because the plaintiff failed to discharge the onus under r 12.2: the February 2008 advance notification was ambiguous and lacked a clear substratum of underlying facts linking it to the Hyde claim, and AIG adduced uncontested evidence that the notification was understood to relate to different Blue Chip product claims such that AIG had reasonably arguable exclusionary defences.
4 Apr 2011

BARNES V QBE INSURANCE (INTERNATIONAL) LIMITED HC AK CIV 2010-404-5651

Citation

openlaw-92072a15_2af8_4dc1_b4e9_cd3ccde8bdda.pdf
Court

High Court

The 15 January 2003 letter was objectively insufficient under clause 5.2 because it contained only generic publicity and a list of properties with no objective facts or circumstances from which a reasonable property inspection consultant could form an arguable opinion that a claim was a real or definite risk; therefore the appellant failed to establish an arguable indemnity claim and did not meet the s111 joinder threshold; the Tribunal's dismissal was upheld and the appeal dismissed.