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ARTICLE · 21 NOVEMBER 2013

Ridgecrest appeals insurers liability for multiple events

The Court of Appeal has now addressed the interpretation of an insurance policy in response to multiple event claims.

New ZealandInsurance

The Court of Appeal has now addressed the interpretation of an insurance policy in response to multiple event claims, confirming that an insured is entitled to be indemnified for each loss resulting from insured events: Ridgecrest New Zealand Limited v IAG New Zealand [2013] NZCA 291, on appeal from Dobson J's decision in the High Court in November 2012.

Ridgecrest was insured for replacement cover under a State "Businesspack" policy. As a result of the Canterbury earthquake sequence, Ridgecrest lodged four claims for earthquake damage, following earthquakes on 4 September 2010, 26 December 2010, 22 February 2011 and 13 June 2011. Each of those claims had been accepted by IAG.

The Court focussed on each claim individually, rather than treating them as a composite, and held that each claim should be dealt with under the replacement cover clause, clause C2. That clause stated that IAG would pay either the cost of restoration (ie repair) to the same condition when

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