The Supreme Court has granted leave to the appellant-insurer in the case of Southern Response Earthquake Services Ltd v Avonside Holdings Ltd.The question on which leave was granted was whether the Court of Appeal was correct to find that the respondent insured was entitled under its insurance policy with the appellant-insurer to claim allowances for contingencies and for professional fees given that the respondent has elected to purchase a replacement property.I wrote about the Court of Appeal decision here.
Steve KeallPark Chambers4 May 2015