17 August 2017

Insurance: Xu v. IAG

Speculators buying Christchurch earthquake-damaged properties on an “as is where is” basis have struck a snag with a High Court test case deciding they cannot claim on the vendor’s replacement insurance when the vendor never intended to repair.
Pricing for an “as is where is” purchase is affected by insurance considerations.  Being able to recover on the vendor’s insurance policy for pre-existing damage adds more to the pot for the purchaser.  Faced with a series of Christchurch earthquake claims where a house purchaser has taken over the vendor’s insurance rights led to a test case on insurers liability to pay out.  For the purposes of the test case specific facts were agreed: the vendor had no intention to repair the property when selling and assigning to the purchaser the right to claim on the vendor’s insurance policy.
Justice Nation said insurance law treats insurance cover as one of personal indemnity; cover is for the benefit of the named policy-holder only.  But this general rule could be varied by the specific wording of a policy.  The IAG policy before the court did provide an exception, but only for the short period between the time there is an unconditional contract for the sale of the insured property and the sale settles.  IAG’s permitted exception did not extend to circumstances where damage had arisen before the sale, Justice Nation said.
The test case before the High Court concerned a Wainoni property sold in December 2014 after the 2010-11 series of Christchurch earthquakes.  After buying for $217,000, the purchaser sued IAG for $353,800 claiming on the vendor’s replacement insurance.
Xu v. IAG – High Court (17.08.17)

17.103