Material Damage + Business Interruption

• Acting for a large insurer in three of its largest litigated commercial earthquake claims arising from the Kaikoura earthquake involving complex policy response issues and damage assessments. Assisted with getting successful mediated and negotiated outcomes in two of these, with the last scheduled for hearing in the High Court in October 2022.
• Acting for a private insurer in defending a claim arising from the Canterbury earthquakes, which involved complex extent of cover issues. Negotiated a successful outcome prior to hearing.
• Advising and acting on various other complex material damage and business interruption disputes for insurers in numerous District Court, High Court and Canterbury Earthquake Insurance Tribunal proceedings arising out of the Canterbury earthquake, including claims alleging defective earthquake assessments and repairs.

General Liability / Recoveries

• Acting for an insurer in its two largest recovery actions against EQC arising out of the Canterbury earthquakes. These recoveries involved novel causes of actions on restitution and subrogation principles arising from the relationship between land insurance, building insurance and excess insurers. The actions resulted in successful negotiated outcomes.
• Acting for a building contractor in defending a claim for liability arising from a diesel spill at a hospital construction site. Negotiating a successful settlement and currently acting in pursuit of the responsible subcontractor through a subrogated recovery action.
• Defending a contractor against a claim from a subcontractor for loss arising from the collapse of a coffer dam in a large, multi-year construction project.

Statutory Liability

• Handling regulatory investigations and prosecutions for private businesses and their insurers relating to breaches of Health and Safety at Work Act 2015 and Resource Management Act 1991.