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
My house is being sold from under me 2017

Elizabeth and Philip are served with a Property Law Act (PLA) notice. Elizabeth’s father does not want the home sold as he benefits from its rental income. Was it fair for the lender to serve the PLA notice?

“I didn’t read the terms and conditions or do anything to follow up, but you told me something which I relied upon” 2017

Jon applied for a credit card with 6 months interest-free. When he went to pay off the card at the end of the 6 months, Jon learned the card had been cancelled and his debt passed on to a collection agency. Why was this?

The fraudulent marauder 2017

Claire was making an ATM withdrawal in India when she was interrupted half way through the process. A number of days later Claire realised some money had been taken out of her account. As she had not let anyone see her PIN or lost sight of the card, Claire was confused how this could have occurred. Should Claire’s travel card provider reimburse her?

What happens if the insurer’s standards of restoration are not ‘up to scratch?’ 2017

Jenny owned and rented out an apartment in Auckland. Jenny’s tenant was found dead five weeks after she died. The delay in discovery of the body caused extensive issues with the liveability of the apartment. A considerable amount of work was necessary to restore the apartment to a liveable condition. What was the appropriate amount and standard of work in order to restore the property to its original state?

No medical certificate, no service 2018

Jesse and Robin were overseas when Robin caught a nasty stomach bug. While Robin was recovering, Jesse reorganised their flights home to New Zealand. When they returned to New Zealand, their insurer declined their claim for the cost of the new flights, saying that Jesse and Robin needed to provide a medical certificate as proof Robin was too sick to fly.

A dog’s breakfast of a claim 2017

Jarred’s two dogs, for whom he had taken out insurance, suffered a number of illnesses, before and after policy inception. When Jarred went to make a claim, the insurer declined his claim on the basis of an exclusion. Jarred said the illness his dog had suffered prior to policy inception didn’t directly relate to the treatment he sought cover for.

Why is my insurance punishing me for being a good mother? 2017

Cedric and Veronica had to cancel their trip to Australia when their son began to act out and wouldn’t communicate with them. When the travel insurer declined their claim, Veronica made a complaint to FSCL.

A hard lump to swallow 2017

After Lionel’s trauma insurance claim is declined and then accepted, he complains to FSCL about his insurance adviser

Herbie’s astronomical gastric issues 2017

After a declined pet insurance claim, FSCL investigates whether Herbie has the same clinical signs as he did when his owner first took out insurance.

Two cards stolen in two days 2017

What happens if you notice your wallet is stolen, but forget your card is in the wallet and delay notifying the card provider for 24 hours? Are you liable for the unauthorised transactions?