Paul Robert Devcich and others v AMI Insurance Limited - SC 78/2011

Summary

Civil Appeal – Insurance – Arson – Applicant claims indemnification against respondent insurer for fire damage and stolen property in respect of deliberately started fire at his Auckland property – Whether Court of Appeal correct to find on civil standard of proof that applicant himself responsible for starting fire – Whether Court of Appeal wrong to find that High Court’s approach did not apply an appropriate standard of proof and imposed too high a standard for respondent to meet – Whether Court of Appeal did not defer appropriately to High Court’s factual findings.[2011] NZCA 266   CA 522/2010

Additional Information

Application for leave to appeal dismissed.
Costs $2,500 to the respondent.
30 August 2011.