The Court of Appeal has dismissed a challenge against a High Court decision not to grant maximum insurance cover on a home which had a dangerous building notice.
The damage to Helen Kraal's home at Wakefield Avenue in Sumner was deemed repairable.
The dangerous building notice prohibited entry to the house because of the risk of rock fall to the red zoned property.
The case was to decide whether that was a form of natural disaster damage, which would have meant the Earthquake Commission and the private insurer, Allianz NZ, paid out maximum cover.
The Commission successfully argued that under the EQC Act loss of use of the property was not covered.
The dangerous building notice expires in April next year.
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