New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Premium liability

Legal area

Court

16 Dec 2014

CERTAIN UNDERWRITERS AT LLOYDS OF LONDON v CRYSTAL IMPORTS LIMITED [2014] NZSC 186

Citation

[2014] NZSC 186
Court

Supreme Court

Leave to appeal was refused because the Court of Appeal and High Court reached orthodox interpretations of the specific policy wording: the RSI clause reinstates cover from the date of the loss event (with notices cancelling reinstatement operating prospectively) and the average clause valuation reflects the basis of recovery elected by the insured; no point of principle or miscarriage of justice justified further appeal.
12 Mar 1999

Hawkins Construction Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 61
Court

District Court

Because the appellant accepted the July 11 1994 event as a work injury, the medical evidence established that that accident was the principal cause of the claimant's symptoms to 31 March 1995 and the eggshell skull principle applied, the payments constituted qualifying payments attributable in full to the appellant and the respondent did not unlawfully fail to exercise discretion under factor g; broader employer fairness considerations are irrelevant to attribution.