IAG v Forde [2020] NZHC 3233
The defendant, Mr Forde, had his insurance claim declined following a car crash. Mr Forde and his fiancée, Ms Day, were returning home along State Highway 1, south of Dunedin. Ms Day, who held a learner licence, was driving the car whilst Mr Forde, who held a full licence, was a passenger.
Englehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)
Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.
Read MoreSouthern Response v Dodds [2020] NZCA 395
The Court of Appeal has recently delivered its judgment in the appeal from the High Court decision. The Court upheld the High Court’s finding that Southern Response was liable for misrepresentation, misleading and deceptive conduct, and breach of an implied duty of good faith.
Read MoreAs regular readers know, Fee Langstone has been providing updates on the UK “test case” on the Business Interruption response to Covid-19 claims as the case has proceeded through the Court.
To recap, the United Kingdom Financial Conduct Authority (FCA) had brought the Covid-19 “test case” with the aim of bringing clarity to areas of uncertainty for as many policyholders and insurers as possible. A sample of twenty-one policy wordings issued by eight insurers was considered, with the FCA putting forward policyholders’ arguments in the public interest.
Read MoreUK Financial Conduct Authority to bring COVID-19 test case for business interruption claims
The COVID-19 pandemic has been a hugely significant worldwide event. The pandemic and subsequent government controls have caused many businesses – in particular SMEs – distress and substantial losses. Most claims for COVID-19-related business interruption (BI) losses have been excluded in New Zealand because BI policies here generally do not cover losses resulting from pandemics. This is not always the case in other parts of the world.
Limitation periods for old insurance claims
Inicio Ltd v Tower Insurance Ltd [2020] NZHC 90
This recent High Court decision examines the effect of an acknowledgement of liability on the limitation period applying to an insurance claim.
Read MoreCourt of Appeal upholds High Court decision on liability for cost of hiring replacement car
Frucor Beverages Limited and Ors v Blumberg and Ors [2019] NZCA 547
The Court of Appeal recently upheld the High Court decision of Blumberg v Frucor Beverages Ltd, finding that an at-fault driver (or their insurer) is liable for the cost of a not-at-fault driver’s replacement hire vehicle following a collision.
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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