10 September 2014

Insurance: QBE Insurance v. Wild South

Where an insurance policy provides for automatic reinstatement of cover following loss then cover does continue without a break.  If an insurance company subsequently gives notice cancelling cover, it must pay for any losses arising in the interim prior to cancellation.
The Court of Appeal has definitively settled the effect of automatic reinstatement clauses in insurance contracts.   Operation of these clauses was at issue after successive earthquakes in Christchurch during 2010 and 2011.  Insurance companies argued they had an unspecified time within which to decide whether there had been “automatic” reinstatement of cover and that they could retrospectively cancel cover after a later earthquake had caused further loss to insured buildings.
The Court of Appeal ruling followed consolidated appeals by three different insurance companies: QBE Insurance, Vero Insurance and Lloyds.
The Court ruled that where there is an “automatic reinstatement” clause, cover resumes immediately following an insured loss.  Where cover is subsequently cancelled, notice of cancellation operates prospectively, not retrospectively.  A further or increased premium can be levied following automatic reinstatement.
QBE Insurance v. Wild South – Court of Appeal (10.09.14)

14.038