Disputes Tribunal of New Zealand

Insurance claim / Applicant had insurance with Second Respondent through the Second Respondent who is an insurance broker / Applicant’s insurance cover changed in 2012 limiting claims to incidents within 5 kms of Applicant’s business / Applicant made claim in January 2013 for incident 85 kms from business and was paid by Second Respondent / Applicant made claim in September 2013 for incident 150 kms from business and claim was denied / Applicant claimed payment for loss from Second Respondent in the sum of $11,114.81 / Second respondent seeks to recover $9,477.29 paid in error to the Applicant / Held: Second respondent not required to pay Applicant because it paid out on previous claim / Held: Respondent did not take reasonable care and skill to renew Applicant’s insurance / Respondent in breach of obligations to Applicant / Held: Applicant likely to have found other adequate cover which would have paid out September 2013 claim / Claim allowed / Tribunal reduced amount of Applicant’s c…