Case Studies

Our case notes show how we deal with the many different issues that arise in our case investigations. The case notes aim to provide consumers and participants with guidance as to the approach we are likely to take in a particular type of case or highlight some of the many different ways in which a complaint can be resolved.

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Title Year Case summary
Do not delay, complain today 2017

A relationship sours, reigniting complaints about earlier dissatisfaction

Employment dispute leads to insurance dispute 2016

Did this broker provide financial services with the care, diligence and skill of a reasonable financial adviser?

What happens when travel plans change 2017

Should your travel insurer cover your loss when you feel you have no option but to cancel your travel?

The propensity to develop infections can mean you have a ‘pre-existing medical condition’ 2016

Claire developed a UTI while on a cruise in Europe, having suffered several UTIs in the past. Claire’s travel insurer declined her travel claim and we looked at the medical evidence to decide whether the insurer made the correct decision.

‘First home further from reach’ 2015

Iosefa and Teuila sign up for a savings plan to save for a house deposit. After finding out their savings weren’t earning interest, Iosefa and Teuila cancelled the agreement and tried to withdraw their money. The financial adviser who ran the saving plan accepted their cancellation but now he won’t release their funds saying he is owed a $4,995 fee. Can the financial adviser keep their savings?

‘Curaçao calamity costs’ 2016

Brendon had travel insurance for a trip of a lifetime to Curaçao. Brendon was on a bus when he saw his suitcase being unloaded and given to another passenger. Brendon jumped off the bus and retrieved his suitcase, but by the time he had done so, the bus had driven off. To his horror, Brendon realised he had left a smaller bag and his wallet on his seat on the bus. Will Brendon’s travel insurance cover his loss?

Insurance policy fails to live up to expectations 2017

When I was sold the policy I was told it was a ‘top-up’ to ACC, why have the payments stopped after six months?

‘When is the end not the end?’ 2016

Liam needed finance to construct a prototype for his small business. Liam entered into an agreement for a loan from a contributory mortgage broker for one year, but could not repay the loan on the due date. Liam arranged a new loan through a different lender to repay the original loan two months after the loan’s due date and asked for the loan’s settlement figure. Liam was shocked that the original loan had been extended to cover the two months past its due date, and that a $10,650 re-establishment fee had been charged by the contributory mortgage broker. Could Liam’s loan have been extended without his knowledge?

Frightful fee for foiled finance 2016

Terence tried to arrange finance to save his factory. Terence signed a loan agreement but decided not to draw down the funds as it would not be enough to pay off the mortgage debt over the factory. Later, when selling the factory, Terence found that the lender he was to draw down the loan from had registered a caveat against the property to secure payment of lender and broker fees. Terence had to pay $44,000 to get the caveat removed. Can Terence’s lender and broker charge fees for a loan that was arranged but never drawn down?

Kaikoura earthquake causes loss 2016

Alan claimed for a loss of $50,000 under his business interruption policy. Alan’s insurer accepted the claim but offered compensation of $12,500. Alan contacted his broker assuming the insurer had made a mistake given the cover he had in place. The broker explained that because his lodge was undamaged, he was only eligible for contingent business interruption cover. Alan’s policy limited the contingent business interruption cover to 25% of the total amount insured.