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ARTICLE · 20 OCTOBER 2015

New earthquake judgment: Brian Newbery v AA Insurance Ltd

This judgment serves as a reminder to ensure that all valuable items are specifically noted on the insurance policies.

New ZealandInsurance

Brian Newbery v AA Insurance Ltd

[2015] NZHC 2457

This judgment is for an earthquake case with a difference; it is the first based on a contents policy.

Background

Mr Newbury and his wife are collectors of Lladro figurines. These were displayed around their home, including on a mantelpiece, in display cabinets, and some under coffee tables where they could be seen.

In the Christchurch earthquake on 22 February 2011, 30 pieces of Lladro were damaged. It is undisputed that the replacement cost of these pieces is $210,065.

The contents policy

Mr Newbury insured his household contents with a policy from AA Insurance Ltd. The policy stated that:

"Your jewellery (including watches) and any works of art you own are covered up to $5,000 per item or $20,000 in total for any one event. If yours are worth more than this, you need to tell us about them so we can list them on your policy schedule and make sure you're fully covered."

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