The Supreme Court has refused to strike out a negligence claim against a manufacturer of faulty cladding, leaving a real possibility that manufacturers of building products may be liable to end users.
Read MoreThe fire was caused by burning waste from the defendants' lifestyle block as well as their landscaping business. Business exclusion and reasonable care condition examined.
Read MoreA man was sentenced to home detention for blackmailing his insurer, though the Court was not sympathetic to the insurer's concerns about negative publicity.
Read MoreUpon the news of the first fatal crash involving a driverless car, we review the current state of this technology, and what it might mean for the insurance industry in the future.
Read MoreLWR 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 MoreHOLLER & ROUSE v OSAKI & ANOR [2016] NZCA 130, 15 April 2016.
In 2009, a tenant of a house, Mr Osaki, negligently caused a fire that substantially damaged the house he was renting. His landlords were indemnified by AMI for the cost of repairs to the house. AMI exercised its subrogation rights to claim the repair costs from the tenants.
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 MoreThe Real Estate Agents Authority has issued a warning that agents need to take serious measures to avoid conflicts of interest.
Read MoreDELIU v CONNELL [2016] NZHC 361, 4 March 2016.
This case note considers a recent High Court decision in which an Auckland lawyer, Mr D, challenged the decision of the Legal Complaints Review Officer (LCRO) by way of judicial review. The LCRO had rejected a complaint made by Mr D against another lawyer (Mr C). In the course of considering Mr D’s judicial review proceeding, the court made important observations on the nature of the LCRO’s function and the weight the LCRO must give the Standards Committee decision being reviewed.
Read MoreAIR NEW ZEALAND LTD v DISPUTES TRIBUNAL ([2016] NZHC 393, 9 March 2016 .
Mr and Mrs Green (not their real names) flew to London on an Air New Zealand flight. Their suitcases failed to arrive until nine days into their stay. When Mrs Green asked if their lost items would be replaced by the airline on a “like-for-like” basis she was told they would. The Greens went shopping and spent $26,000 on replacements items. They recovered $1,900 from their travel insurance. They brought a claim against Air New Zealand to the Disputes Tribunal for $15,000.
Read MoreTECHNOLOGY IN LAW AND INSURANCE
According to a recent article in NZ Lawyer, robots replacing lawyers is a “near certainty”. The website stating that approximately 46% of New Zealand jobs will be taken over by machines or automated in the next 20 years. The law is apparently not immune to this development. Some predict that lawyers could be replaced by artificial intelligence sooner than we think.
Read MoreSOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2016] NZHC 41, 1 February 2016.
While the position with respect to whether a successful plaintiff needs to account for GST when receiving a damages award is well established, what has been less clear is whether the position is different when the defendant is insured for its liability to the plaintiff and the damages is being paid by an insurer under a liability policy.
Read MoreWISHART v MURRAY [2015] NZHC 3363, 22 December 2015.
This case concerned the continuation of a defamation claim that began several years ago.
Read MoreThe Plaintiff (C) had entered into an agreement called an Option Deed with a Fijian company, (V). The deed gave V the option to enter into a sale and purchase agreement with C for the sale of land in Fiji if the relevant Land Trust Board approval was given. C had no right under the Option Deed to compel the option to be exercised in its favour.
Read MoreCircuit v Andrews Housemovers Limited [2015] NZDC 24886 [18 December 2015]
Mr and Mrs Circuit purchased a house in Ellerslie, to move to their own property in Tairua. They engaged the defendant, AHL, to transport the house. During the move itself, the front section of the house was completely destroyed. AHL accepted liability for the loss under the Carriage of Goods Act 1979, but said that its liability was limited by the Act to the sum of $2000—a problem that the plaintiffs were keen to circumvent because they had not followed AHL’s advice to insure the house while in transit.
Read MorePhilippa Fee, Craig Langstone, Pauline Barratt, Cecily Brick and the staff of Fee Langstone are delighted to welcome Matt Atkinson as a partner of the firm. Matt was interviewed for this edition of In Brief.
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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