| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA8/2023 [2023] NZCA 357 |
| BETWEEN | HUGH RODERICK CATHERWOOD |
| AND | ASTERON LIFE LIMITED |
| Hearing: | 13 June 2023 |
Court: | Wylie, Thomas and Brewer JJ |
Counsel: | H D J Holderness for Appellant |
Judgment: | 9 August 2023 at 11 am |
JUDGMENT OF THE COURT
AThe appeal is dismissed.
BThe appellant must pay costs to the respondent for a standard appeal on a band A basis with usual disbursements. We certify for second counsel.
____________________________________________________________________
REASONS OF THE COURT
(Given by Wylie J)
Introduction
Notwithstanding that he is alive and, on the evidence, in good health, the appellant, Hugh Catherwood, seeks payment of the sum insured (or the death benefit) under a life insurance policy he holds with the respondent, Asteron Life Limited (Asteron). He says that he is entitled to payment of the sum insured because, in early to mid-2019, he was “terminally ill”. The policy provides that an insured is terminally ill if his or her “life expectancy is, due to sickness and regardless of any available treatment, not greater than 12 months”. Mr Catherwood says that when he made the claim for the death benefit in early 2019, he was sick, that the policy requires that the treatments available to him be ignored and that, when they are ignored, his life expectancy at the time was not greater than 12 months.
Asteron has declined to pay the sum insured to Mr Catherwood. It argues that his condition at the relevant time did not fall within the definition of the words “terminally ill” contained in the policy. It says that the policy requires that Mr Catherwood’s life expectancy had to be not greater than 12 months, despite the treatments which were available to him at the time. It notes that Mr Catherwood’s prognosis in early 2019, taking into account the treatments he was then receiving and was likely to undergo, was that he was unlikely to die within 12 months.
In the High Court at Christchurch, Dunningham J ruled in favour of Asteron and rejected Mr Catherwood’s assertion that Asteron was in breach of the policy when it declined to make payment of the sum insured to him.[1]
[1]Catherwood v Asteron Life Ltd [2022] NZHC 3296 [Judgment under appeal].
Mr Catherwood appeals this judgment. He says that the Judge failed to correctly interpret the relevant provisions in the policy, that as a consequence she erred in interpreting the same and that she made a number of associated errors. Asteron disagrees. It says that the policy was correctly interpreted by the Judge and that it is not yet obliged to pay the sum insured to Mr Catherwood under the policy.[2]
[2]We use “not yet” because the policy is still in force and, provided it is maintained by Mr Catherwood, Asteron will become liable to pay the sum insured when Mr Catherwood dies or becomes terminally ill.
The dispute…
Keep reading for free
Create a free CaseChat account to read Catherwood v Asteron Life Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] NZCA 357
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.