Ministry of Justice

Management of agreed repairs / disagreement over scope of works / determining reasonable costs / State Insurance policy / insurer required permission before expenses incurred / insurer’s control over reinstatement process / duty of good faith / implied condition that insurer obliged to have due regard to interests of insurer / insurer required to balance cost v risk / implied condition that insurer not to unreasonably withhold permission to incur expense / IAG reasonably withholding permission to replace skylights / IAG unreasonably withholding permission to seek Master Build Guarantee, to encapsulate roof, to repair T & G floor boards by gluing from below, and to incur professional inspection fees / fabric roof repair required IAG to balance weathertight risks with cost of repairs / IAG able to choose between reasonable alternative repair options for fabric roof / IAG unreasonable to refuse permission for homeowner’s proposal for repair of fabric roof as IAG’s favoured alternative rep...

Application / applicant claims property experienced differential settlement of foundations, interior and exterior cracking, and chimney damage due to earthquakes / referred for acceptance / Canterbury Earthquakes Insurance Tribunal Act 2019, section 8 / section 9 / section 13 / section 17 / section 46 / application must meet section 8 criteria / namely: at time of damage by qualifying earthquake  applicant was property owner and property insured in applicant’s name; there is a dispute between applicant and an insurance company or Earthquake Commission (EQC) regarding damage claim; building was either residence or at least fifty per cent of building was used as a residence; and one of parties to claim is either EQC or an insurance company / proceedings in another forum will render application ineligible unless proceedings transferred to Tribunal, as per section 17(c) / applicant party to insurance claim in High Court, appealed to Court of Appeal / higher court proceedings involved same ...