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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22811
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have just found out that an insurance company I used approx

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I have just found out that an insurance company I used approx 14yrs ago, should have accepted my claim, as I had instructed the broker to place the said insurance, but he didn't. A new broker just told me on Wednesday that at that time I should have been covered for the losses that occurred in the incident soon after, prior to when the broker was going to install the new insurance on the policy anniversary (28 days later).

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : When did the claim occur? Was this 14 years ago

Yes, we sustained a large fire back in '99. Our broker had been provided with a updated valuation on our business compiled by an Auckland valuation company at considerable cost. On a trip back from Auckland I stopped over in Rotorua and gave these to Dawson Insurance. I can furnish the exact date this occurred, because the trip was the Auckland area Judo Champs.

Chris The Lawyer : Unfortunately there is a limitation period of 6 years for any civil claim. That was why I asked about the date. You cannot bring a claim either under the policy or against the broker because you are too late. This is a pity as you may have had a good claim back then.

We have been told under exceptional circumstances we may be able to get this heard in court? We could be/are talking over $1,000,000 dollars.

Chris The Lawyer : The Limitation Act says that this is only available where essentially you were under a disability, as in being incapable. You say you had legal advice at the time, so that is when you should have decided to claim. 14 years is just beyond the statutory limits
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