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
Insurance obligations 2019

What happens if your car is security for your loan and is written off in an accident? Is your insurer obliged to pay insurance proceeds to the lender? Does GAP insurance cover the unsecure portion of a loan?

Responsible lending means asking reasonable questions 2019

Payday loans contribute to a slow slide into financial difficulty, is the lender responsible?

Outside the box 2019

What happens when your application to withdraw funds from your KiwiSaver on the grounds of significant financial hardship does not meet the usual criteria?

To cancel or not to cancel 2018

Chelsea thinks she sent a letter to her insurer, requesting that her family’s insurance policies be cancelled. The insurer never received the letter and never cancelled the policies. Now Chelsea wants to be refunded her premiums.

Dodgy travel agent 2019

Just before Erik and his family are supposed to travel overseas, his travel agent informs him that it has cancelled his flights. The travel agent promises a refund but doesn’t deliver. Erik tries to claim a refund from his insurers.

Was it one, or one hundred claims? 2019

Feodor’s company had to recall and repair close to a hundred windscreens due to poor workmanship. Feodor claimed for the costs from his insurance. Feodor’s insurer treated each repair as a separate occurrence. This had the effect of making each claim less than the policy’s excess, leaving Feodor out of pocket.

How sick is too sick? 2018

Kawa cancelled a tour he was to take with his friend Jason, when Jason fell ill and was unable to travel. Jason was refunded his trip, but Kawa wasn’t. Apparently, Jason wasn’t sick enough to need Kawa to stay back in NZ with him.

Unfortunately uninsured 2019

Alex believed he was covered by his credit repayment insurance if he was injured and unable to make his loan repayments. When Alex took on a new loan, he did not ensure that the insurance policy was continued on the new loan.

A broker accepts responsibility for poor advice 2019

Private hospital care is not covered by the policy, but does the broker have any responsibility to advise his clients before the costs are incurred?

Great Expectations (followed by Hard Times) 2019

Judy told Kath that she would be receiving over $1 million from the sale of some shares. But then Judy found out the shares were only worth around $24,000. She didn’t tell Kath. Should Kath have to pay Judy’s fees?