Insurance Law Monthly

New Zealand earthquake cases continue to make new law. The most recent, O'Loughlin v Tower Insurance Ltd [2013] NZHC 670, was a high-profile decision which attracted much press coverage. The basic issue was whether a house had been lost or damaged simply because it was in the Christchurch Red Zone.

In Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Others (The Alexandros T) [2012] EWCA Civ 1714 the parties entered into a comprehensive settlement of claims under insurance policies issued in respect of a vessel which was totally lost.

In the November 2012 issue of Insurance Law Monthly there was discussion of the decision of Popplewell J in ACE European Group Ltd v Chartis Insurance UK Ltd [2012] EWHC 1245 (Comm). There were two separate questions in that case: is it possible to establish a proximate cause by eliminating other possible causes; and is inherent vice an available defence where some other proximate cause of the loss is shown?