New Zealand Case Law: Decisions & Judgments

Topic

Partial disability

Legal area

Court

7 May 2019

TAYLOR v ASTERON LIFE LIMITED [2019] NZHC 978

Citation

[2019] NZHC 978
Court

High Court

Court accepted plaintiff suffered a Sickness but, on the admissible evidence, found he was not Totally Disabled; documentary and witness evidence demonstrated he worked substantially (>10 hours/week) and remained actively involved in the business so that Monthly Earned Income (calculated as 1/12th of net profit per policy) abated any entitlement; plaintiff deliberately misrepresented his working and provided false accounting material, breaching the duty of utmost good faith; under the Contract and Commercial Law Act 2017 and common law principles insurer was entitled to cancel and obtain rest…
7 Jul 2014

PERCY v SOVEREIGN ASSURANCE COMPANY LIMITED [2014] NZHC 1573

Citation

[2014] NZHC 1573
Court

High Court

Sovereign had before it contemporaneous and competent expert medical and occupational evidence supporting the conclusion that claimant's depression was in remission and that there were no medical barriers to a graduated return to work; Sovereign acted fairly, gave opportunity to comment, and reached decisions that were reasonably open on the material available, so the Court will not substitute its own view; claimant failed to prove insurer acted unreasonably, unfairly or in bad faith.
27 Nov 2013

VAN DER NOLL v SOVEREIGN ASSURANCE CO LIMITED [2013] NZHC 3051

Citation

[2013] NZHC 3051
Court

High Court

Sovereign's cessation of total disability payments and its denial of partial disability were lawful because its decisions were reasonably open to it: Sovereign obtained and provided relevant material to independent experts (vocational and occupational), the experts concluded the insured was not completely unable to earn remuneration and was reasonably suited to alternative occupations (subject to rehabilitative measures), and there was significant evidence that the insured's beliefs and external influences, not solely the medical condition, explained non-return to work; the insured failed to…

New Zealand Case Law

TAYLOR v ASTERON LIFE LIMITED [2019] NZHC 978

PERCY v SOVEREIGN ASSURANCE COMPANY LIMITED [2014] NZHC 1573

VAN DER NOLL v SOVEREIGN ASSURANCE CO LIMITED [2013] NZHC 3051