An insured has settled his claim with his insurer following damage caused by the Canterbury earthquakes with help of the Insurance Ombudsman’s Office.  The insurer’s repair estimate for was $202,000 but the insured’s repair estimate was $389,000.  The parties had been unable to reach agreement.  The parties agreed to appoint an independent quantity surveyor to provide a costing which would be accepted by both parties.  However, the insured refused to accept the independent quantity surveyor’s costs.

When the matter went to the Insurance Ombudsman’s Office the insurer was able to provide supporting evidence for its calculations, but the insured was unable to provide any evidence to the contrary to challenge the independent quantity surveyor’s findings.  The Insurance Ombudsman’s Office did however find some differences in the calculations which had not been taken into account and the insurer agreed to pay those.

 

Alan Knowsley

Insurance Lawyer
Wellington