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
Marine mishap 2017

Bryan was an experienced mariner and he formed a view early on about how his yacht had been damaged. But did the insurer have to accept his view without question?

Policy loophole letdown 2015

What happens when a policy doesn’t cover loss both the insured and their financial adviser expected would be covered?

Responsibility for lending to peers 2018

Is a loan by a peer to peer lender subject to the responsible lending obligations in the Credit Contracts and Consumer Finance Act 2003?

The hijack and the backpack. 2018

After the vehicle Johanna and Jack were travelling in to the airport was hijacked and stolen, their travel insurer declined their claim. Was the insurer able to decline the claim?

Going downhill fast 2018

A motorbike accident was caused when brakes failed, but the insurer declined the claim saying the loss was excluded because the insured did not have a motorbike licence. If the accident would have happened anyway, does it matter that the insured did not have a licence?

“What if I’m breaking the rules when I crash, but breaking those rules doesn’t cause the crash?” 2017

Hameed was out of Auckland for a weekend when he crashed in heavy rain, writing off his car. Because he was driving on an Indian driver’s licence, Hameed was required to have a ‘supervisor’ in the vehicle with him and didn’t. The insurer declined Hameed’s claim because it believed a supervisor could have prevented his accident. Hameed disagreed. Did he have coverage for the car?

You’ve got to know when to hold ’em, know when to fold ’em…. 2016

Bai placed a bet on foreign currency – was the trading platform to blame for not capping his loss as he had instructed?

Fluctuation frustration 2016

Greg’s forex bet didn’t pay off – but did the trading platform have the right to liquidate his position?

Have a heart! 2016

James and Julie had to cancel their European trip when their son’s heart condition suddenly needed surgery. Are the exclusions in the travel insurance policy clear enough for the insurer to decline to pay?

Fee fracas 2017

Should Dipak have to pay the mortgage broker’s fee, when he didn’t draw down the loan?