26 July 2017

Insurance: AMI Insurance v. Legg

AMI Insurance does not have to contribute to the $217,000 cost of fighting a January 2013 rural fire in Canterbury because the seat of the fire was a controlled burn-off including waste from a landscaping business.  Liability for fire losses arising from this business activity was excluded.
The Fire Service is suing to recover firefighting costs following rural fires.  Both AMI Insurance and Lumley Insurance were ordered by the High Court to cover the cost of a January 2013 fire in Selwyn County which started on a lifestyle block owned by the Legg family.  The Leggs held two insurance policies: AMI in respect of their lifestyle block; Lumley for their separate landscaping business.  The fire spread when strong winds ignited embers from a heap of ash, the remains of a burn-off several weeks previously.  This burn-off was predominately plant waste from the Legg’s landscaping business, but included waste from their lifestyle block.
The spread of fire arose from two interdependent causes: burning lifestyle waste (which was covered by the AMI policy) and landscaping waste (which was covered by the Lumley policy but excluded in the AMI policy).  AMI said it did not have to pay.  The exclusion applied.    
The Court of Appeal said where there are two effective and interdependent causes, one within the policy and one excluded, the exclusion prevails.  AMI did not have to pay.
AMI Insurance Ltd v. Legg – Court of Appeal (26.07.17)

17.087