FARMERS’ MUTUAL INSURANCE LTD V QBE INSURANCE INTERNATIONAL LTD AMERICAN INTERNATIONAL UNDERWRITERS LTD V FARMERS’ MUTUAL INSURANCE LTD

(1994) 3 Re LR 135

New Zealand Auckland High Court (Commercial List)

Before Mr Justice Barker

Reinsurance contract - Construction - Earthquake - Reinsurance for both fire and earthquake risks in same amount - Statutory liability of New Zealand Earthquake and War Damage Commission for indemnity portion of earthquake claim - Whether reinsurance contract for excess of earthquake indemnity only - Earthquake and War Damage Act 1944 - Whether court should order rectification of contract documents - Whether reinsurer entitled to recovery of moneys paid under mistake of law.