In this case, the insured (Skyward) owned an earthquake damaged property within the red zone. Skyward accepted CERA’s offer to purchase the land, leaving Skyward to take up the matter of its earthquake damaged 1900’s villa with Tower Insurance. The outcome may surprise you.
The outcome of the Ridgecrest v IAG case proved to be beneficial for both insurers and insured alike. Since the Christchurch earthquakes many questions have been raised around replacement insurance cover and the entitlements due, particularly for commercial properties.
In this article we review a recent Court case concerning insurance and EQC cover for red zoned properties facing rockfall risk and assess whether a different approach might result in a successful claim.
On 5 April 2013 Justice Asher issued judgment in the case O'Loughlin v Tower Insurance. The decision was eagerly awaited.
It was represented as a David and Goliath struggle and was expected to provide answers to some of the major questions preventing settlement of red zone claims.
In this ...