LWR Durham Properties Ltd (in rec) v Vero Insurance New Zealand Ltd [2016] NZHC 826.
The plaintiff is pursuing a claim in relation to damage its buildings sustained in the Canterbury earthquakes. They had applied for an order that the defendant include in their discovery evidence of "all reserves set by the insurer."
Read MoreMr. and Mrs. Gidden’s house suffered extensive damage during the Christchurch earthquakes. The couple lodged a complaint with the Residential Advisory Service (RAS) after a series of delays during which their insurer, IAG, assessed whether the house was a rebuild or a repair. To resolve the issues over the handling of the claim, the RAS arranged a meeting between the parties, the outcome of which was a typed and signed agreement whereby they agreed to “proceed in good faith on the basis of the house…being a rebuild” and to “reach agreement on costs.” The Court found that the outcome was intended to be legally binding.
Read MoreThis September marks six years since the first Christchurch earthquake and there were concerns that insurers may seek to avoid claims by relying on the usual six year limitation period provided for in the Limitation Act
Read More[2016] NZCA 67, 14 March 2016
The Court of Appeal’s recent decision in Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67 provides welcome certainty to insurers on the issue of validity of settlement agreements.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
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