Eric Meserve Houghton v AIG Insurance Limited and TEC Saunders and others  - SC 21/2013

Civil Appeal – Law Reform Act 1936, s 9 – Charge on insurance monies in favour of third parties paid to indemnify an insured in respect of insured’s liability to third party – Priority between a s 9 charge in favour of third party claimants and an uncharged claim to defence costs by directors of a company – Whether Court of Appeal erred in holding that a s 9 charge only attaches to the balance of the insurance money available to meet third party claims after any defence cost liability has been met – Whether question of priorities under s 9 is subject to contract of insurance ¬– Whether Court of Appeal erred in deciding that the outcome of the Steigrad appeal (on appeal SC 19/2013) would dictate the outcome of this appeal.   [2012] NZCA 604  CA 841/2011