Matt and Valerie O'Loughlin were unable to secure a landmark ruling that a house in a red zone was not repairable, Justice Raynor Asher ruling that creating the red zone did not in itself cause loss or damage in an insurance context cheap furniture stores.
But Justice Asher did rule the insurance company's offer to pay out the cost of a theoretical repair to the home was wrong because the amount was wrongly calculated company registration samoa.
He found Tower's offer based on repair costs went against the O'Loughlins' policy because it included a grout injection method to the concrete base which may not get a building consent.
The O'Loughlins' lawyer Grant Shand said they were essentially happy with the outcome, even though they didn't get the judgment they argued for over the red zone International Relocation.
"From the O'Loughlins' perspective, they're getting what they wanted, which is for Tower to pay for a replacement house, not just to pay for a theoretical repair job that will never be done," he told NZ Newswire.
Justice Asher said the O'Loughlins should be paid the cost for either a replacement house or a rebuilt house Claire Hsu.
The payout based on a rebuilt house would be calculated on building it in a good zone - estimated to be $540,000 less $203,000 already received from the Earthquake Commission - or a replacement value which was as yet undetermined.
Justice Asher didn't make a ruling on a specific amount the O'Loughlins should be paid, calling for further submissions.
"The most likely outcome is that I'll talk to Tower's lawyers in the next week or two, and we'll try to reach an outcome in relation to that," Mr Shand said.
Attempts to contact a Tower Insurance media representative were unsuccessful.