Published on 8/04/2013
This decision has been eagerly awaited, not only by the thousands of policyholders affected by red zoning, but also by their insurers.
 
The two central issues before the court were:
  1. Whether the red zoning of a residential property is a total loss of the insured house, triggering a payment of full replacement value under the insurance policy;
     
  2. If red zoning does not lead to a total loss, had Tower fulfilled its policy obligations by electing to pay the cost of the hypothetical scoped repairs?

 




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