NZ earthquake cases reach court
Legal actions over insurance claims resulting from the Canterbury earthquakes are starting to reach New Zealand courts.
Insurance lawyers say only a handful of cases have trickled into courts so far, with most disputes being settled beforehand.
A dispute between a body corporate and Zurich has begun in the High Court and some cases have gone to the District Court, which hears civil actions of up to $NZ200,000 ($158,500) in value.
Lawyers expect more cases now land rulings have been made on expensive homes in the hills surrounding Christchurch.
The body corporate for Salisbury Park Apartments in Christchurch has sued Zurich and its broker, the former ACM Insurances, over replacement value cover.
The court has been asked to rule on discovery, with Justice Paul Heath allowing access to some categories of documents relating to the placement of the policy.
Justice Heath says the apartment building was severely damaged in the February 2011 earthquake and the body corporate contends that, despite the policy wording, ACM and Zurich agreed to cover of up to $NZ100 million ($79.3 million).
ACM supports the body corporate but Zurich says the maximum cover is $NZ12.95 million ($10.26 million).
Justice Heath says the body corporate estimates it will cost about $NZ22 million ($17.4 million) to repair the building, while Zurich puts the cost at about $NZ18.75 million ($14.86 million).
He says there is a second issue over whether payments from the Earthquake Commission (EQC) should be factored into the insurance payout. The EQC has paid $NZ6.8 million ($5.4 million).