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."