Tower Insurance Ltd v Skyward Aviation 2008 Ltd - [2015] 1 NZLR 341

Insurance — Property insurance — Christchurch earthquakes — Policy providing for total replacement — Options for total replacement — Whether choice of option rested with insured or insured — Whether replacement by purchase of another house limited to value of house of comparable size and condition as insured property.

Practice and procedure — Costs — Test case — Insurer facing numerous claims under similar policies — Insurer successful in High Court but High Court ordered costs to lie where fell — Insured successful on appeal but Court of Appeal refused to disturb High Court order — Whether insured to receive costs in High Court after successful appeal.