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Insurance Case Law Update - April 2017

New Zealand - April 18 2017 This update provides a summary of judgments released over the past six months. A more extensive discussion of particular judgments is linked to case...

Nina Thomson, Stephanie Corban, Mary Battersby, Rob McStay, Hannah Yiu, Nick Gillies, Sarah Holderness, Christina Bryant.

A contractual duty of good faith: Young v Tower Insurance Ltd 2016 NZHC 2956

New Zealand - December 23 2016 A High Court judge has held that a mutual duty of good faith is implied in every insurance contract. Damages may be awarded for breach of that duty...

Christina Bryant.

Form counts under the Construction Contracts Act - Auckland Electrical Solutions Ltd v The Warrington Group Ltd 2016 NZHC 2245

New Zealand - November 11 2016 This case highlights the importance of form when issuing a payment claim and the effect of an inadequately formed payment claim on a summary judgement...

Nick Gillies.

Insurance Case Law Update - September 2016

New Zealand - September 19 2016 Supreme Court overturned Court of Appeal’s finding that a law firm’s negligence did not cause loss. The firm ought to have inquired into client’s...

Gennise Luen, Anna King, Helen Macfarlane, Nick Gillies, Christina Bryant.

Enforcement of Damages in Adjudication

New Zealand - September 19 2016 This decision highlights the arbitral distinction in the enforceability of the sums due and rightsobligations under construction contracts, prior...

Nick Gillies.