Body corporate sues earthquake insurer and broker


A recent High Court decision about discovery issues BC398983 v Zurich Australian Insurance Ltd & anor [2012] NZHC 2333 discusses a claim against Zurich for earthquake damage to the Salisbury Park Apartments.   At issue is the indemnity limit for replacement value cover.   The insurance policy stated the limit was $12.95M.   The body corporate says that the limit is $100M.   Its position is supported by the insurance broker ACM who supposedly organised the $100M limit.   The limit is an issue because reinstatement may cost about $22M.   Zurich says that EQC payments received of $6.8M must be deducted from the sum insured.   The body corporate says it recovers the EQC payments additional to the $12.95M sum insured.  The judgment does not resolve these issues, but makes orders about disclosure of classes of documents.