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EQC on-sold liability could cost as much as $1 billion

EQC 'on-sold' liability could cost as much as $1 billion

Wednesday, 18 April 2018 12:43 p.m. by EQCFix

Christchurch "on-sold" homeowners could wait as long as 18 months to know who will pay for their over-cap re-repairs and unscoped damage.

Earthquake Claim Limitation – IAG & Southern Response

Earthquake Claim Limitation – IAG & Southern Response

Monday, 16 April 2018 10:58 a.m. by GrantShandLawyers

Here is a short video I did about the limitation act(s) applying to earthquake claims and the extended limitation period(s) that apply to claims against IAG and Southern Response.  For IAG it is 30 June 2018 and Southern Response it is 3 September 2018.

Southern Response – Misleading DRA’s

Southern Response – Misleading DRA’s

Tuesday, 10 April 2018 1:22 p.m. by GrantShandLawyers

Here is a short video that I did about the practice of AMI/Southern Response in concealing costings from homeowners.  Homeowners that settled before 1 October 2014 are likely have short settled by in some cases hundreds of thousands of dollars.  The first Court trial on this issue starts 21 May 2018.

Insurance claim/policy assignment

Insurance claim/policy assignment

Tuesday, 10 April 2018 1:07 p.m. by GrantShandLawyers

Here is a short video I did about the issues with assignments of EQC and insurance claims.  We are still waiting for a Court of Appeal decision after a hearing on 15 February 2018 about the ability to assign insurance claims/proceeds for replacement costs.

Christchurch re-repairs cost EQC $270m in total

Christchurch re-repairs cost EQC $270m in total

Friday, 6 April 2018 12:26 p.m. by EQCFix

From , 5:07 pm on 5 April 2018

Christchurch City Council Building Compliance issues…. again

Christchurch City Council Building Compliance issues…. again

Thursday, 5 April 2018 8:44 a.m. by ShakyTownBlues

What is new in Lower High St? We are having issues with the CCC regarding our Code of Compliance.  No,  it is not Structural, or Fire safety, or public safety….  that is too obvious!   CCC Building Consents are refusing …

EQC changes

EQC changes

Tuesday, 20 March 2018 2:09 p.m. by GrantShandLawyers

20 MARCH 2018 EQC Act Changes Announced HON DR MEGAN WOODS Earthquake Commission The Minister Responsible for the Earthquake Commission Megan Woods has today announced changes to the EQC scheme.   “Cabinet has carefully considered the proposals regarding changes to the Earthquake Commission Act,” Megan Woods said.   “The changes that we have agreed on will improve how the Act functions and enable the scheme to work more effectively for future natural disasters. These are widely agreed, ...

Christchurch House Buyers guide for Beginners.. Earthquake Houses 101

Christchurch House Buyers guide for Beginners.. Earthquake Houses 101

Thursday, 15 March 2018 7:45 a.m. by ShakyTownBlues

A beginner’s guide to buying a house in Christchurch.  Earthquake Houses 101. This was written for one of my sons, In an attempt to save him some grief. Apologies for the length this is fraught with difficulty. I have been …

EQCs annual legal costs still increasing, seven years on from Canterbury quakes

EQC's annual legal costs still increasing, seven years on from Canterbury quakes

Tuesday, 13 March 2018 2:26 p.m. by EQCFix

The Earthquake Commission's (EQC) yearly legal spend continues to grow as Canterbury earthquake court cases keep rolling in.

Southern Response – Secret Investigations

Southern Response – Secret Investigations

Thursday, 8 March 2018 8:26 a.m. by GrantShandLawyers

Here is link to my piece on Morning Report about Southern Response.

Southern Response- Private Investigators

Southern Response- Private Investigators

Wednesday, 7 March 2018 6:08 p.m. by GrantShandLawyers

Here is link to my discussion with Larry Williams about Southern Response engaging private investigators to investigate claimants and others.

Terms for EQC Independent Advisor

Terms for EQC Independent Advisor

Monday, 5 March 2018 2:15 p.m. by GrantShandLawyers

1 MARCH 2018 Terms of reference for Independent Advisor’s work released HON DR MEGAN WOODS Earthquake Commission The Independent Ministerial Advisor sent in to speed up EQC’s Canterbury claims be tasked with improving claims management, assessing operational, resourcing, policy and legislative constraints and assessing any constraints caused by processes with private insurers, Minister Megan Woods has announced. “Today I am releasing the Terms of Reference that will direct Christine Stevenson, t ...

Road Cone Day.. High Street 7 years after the 22nd February 2010 Earthquakes..

Road Cone Day.. High Street 7 years after the 22nd February 2010 Earthquakes..

Thursday, 22 February 2018 6:00 a.m. by ShakyTownBlues

It is “Road Cone Day” today.  When Christchurch remembers those that died, in a uniquely Christchurch fashion. That dreaded day has come around again,  when we all pause for reflection.  The 22nd of February 2010, the day that changed the …

Road Cone Day.. High Street 7 years after the 22nd February 2011 Earthquakes..

Road Cone Day.. High Street 7 years after the 22nd February 2011 Earthquakes..

Thursday, 22 February 2018 6:00 a.m. by ShakyTownBlues

It is “Road Cone Day” today.  When Christchurch remembers those that died, in a uniquely Christchurch fashion. That dreaded day has come around again,  when we all pause for reflection.  The 22nd of February 2011, the day that changed the …

Protesters confront PM over EQC delays

Protesters confront PM over EQC delays

Thursday, 15 February 2018 5:00 p.m. by EQCFix

Nearly seven years on from the Christchurch earthquake, some residents with quake-damaged homes today protested the thousands of unresolved earthquake insurance claims.

Insurance Assignment Appeal

Insurance Assignment Appeal

Wednesday, 31 January 2018 12:45 p.m. by GrantShandLawyers

On 15 February 2018 the Court of Appeal will hear the appeal from the High Court decision in Xu & anor v IAG & anor [2017] NZHC 1964 about the ability of an assignee of insurance policy rights to enforce a reinstatement entitlement.

Failed EQC repairs

Failed EQC repairs

Wednesday, 31 January 2018 10:11 a.m. by GrantShandLawyers

Here is a link to my interview with John Campbell on Checkpoint about issues with EQC work and claims.

Interest on EQC payments

Interest on EQC payments

Thursday, 25 January 2018 10:01 a.m. by GrantShandLawyers

Since the commencement of the Interest on Money Claims Act 2016 on 1 January 2018 EQC is now exposed to a liability to pay interest on late EQC payments from the date the money ought to have been paid until it was paid.  Previously the Court said it would only order EQC to pay interest as part of a substantive court judgment for the unpaid amount(s).  The new liability applies to court proceedings commenced after 1 January 2018.  It is an incentive to sue EQC now if you have not been paid as int ...

EQC & New Apportionment of Damage Method

EQC & New Apportionment of Damage Method

Wednesday, 24 January 2018 10:31 a.m. by GrantShandLawyers

Under the Earthquake Commission Act 1993, EQC has to apportion the damage/cost between earthquake events as there is a cap per event that is usually $100,000 plus GST per event.  Where there were damage inspections between quakes then it is straight forward to apportion based on actual damage.  In the past EQC has apportioned damage in the absence of inspections based on damage % in the area.  It has now taken to apportioning based purportedly on remedial costs on properties  in the area.  It is ...

Earthquake and Insurance Newsletter

Earthquake and Insurance Newsletter

Sunday, 21 January 2018 3:53 p.m. by GrantShandLawyers

Here is our most recent Earthquake and Insurance Newsletter.

Residential-earthquake-decision-myall-v-tower-insurance

Residential-earthquake-decision-myall-v-tower-insurance

Friday, 12 January 2018 12:15 a.m. by ChristchurchFiasco

Judgment: 23 February 2017 JUDGMENT OF Judge DUNNINGHAM The Facts Mr Myall owned a large house called Riverlaw (eight bedrooms + six bathrooms) built in 1852 and registered with the Historic Places Trust. The house had been recently renovated and …

Homeowners struggling with Earthquake Commission claims get welcome news

Homeowners struggling with Earthquake Commission claims get welcome news

Saturday, 23 December 2017 6:44 p.m. by EQCFix Popular

More than 3500 homeowners are still struggling with unsettled Earthquake Commission (EQC) claims.

Southern Response- Buy another house policy

Southern Response- Buy another house policy

Friday, 22 December 2017 12:44 p.m. by GrantShandLawyers

In Southern Response Earthquake Services Ltd v Shirley Investments Ltd [2017] NZHC 3190 the High Court (Thomas J) decided that the costs of enhanced foundations and demolition were not to be included in the calculation of an insured’s entitlement under the insurance policy as these were additional costs that were only payable when incurred.  These costs would not be incurred on the “buy another house” option.  The Court also confirmed that the amount payable under the “bu ...

High Street issues drag on for 7 years…

High Street issues drag on for 7 years…

Friday, 22 December 2017 10:14 a.m. by ShakyTownBlues

What is new in High Street?… High Street has been closed for nearly 7 years. The last street in the city to get any attention.  (Have you considered that this is longer than World War 11 lasted).       As you know …

Insurance recovery for Southland Stadium

Insurance recovery for Southland Stadium

Thursday, 14 December 2017 12:53 p.m. by GrantShandLawyers

In Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council [2017] NZSC  190 the Supreme Court allowed the appeal by the Trust against the dismissal of its claim by the Court of Appeal, but reduced the recovery by 50% for the Trust’s contributory negligence in not acting on engineering advice to investigate roof construction issues.  The original judgment was for about $15M.  The Supreme Court said that the Court of Appeal was wrong in characterising this case as one of ...

When 2 insurers apparently cover the same date (4 September 2010)

When 2 insurers apparently cover the same date (4 September 2010)

Thursday, 14 December 2017 12:32 p.m. by GrantShandLawyers

In BC 74246 v QBE Insurance (International) Ltd & Allianz Australia Insurance Ltd [2017] NZHC 1473 the High Court (Whata J) resolved a dispute between QBE and Allianz about who was liable for the 4 September 2010 earthquake where the relevant QBE insurance policy expired at 4pm on 4 September 2010, but there was also an Allianz policy for the same property that stated the period of insurance “effective date” 4 September 2010 and expiry date of 4pm on 4 September 2010.  The 4 Sept ...

Insurance assignment problems for lawyers

Insurance assignment problems for lawyers

Wednesday, 13 December 2017 11:34 a.m. by GrantShandLawyers

The High Court judgment in Doig v Tower Insurance Ltd [2017] NZHC 2997, delivered 5 December 2017 by Mander J, highlights that lawyers that handled the purchases of earthquake damaged properties with assignment documents may have liability issues if they did not advise the purchaser(s) that based on the current law in Bryant v Primary Industries Co Ltd [1990] 2 NZLR 142 the purchaser(s) would not acquire the right to reinstatement and would only be entitled to indemnity value.  The Doigs argued ...

Under insurance & Replacement Value- Myall v Tower Insurance

Under insurance & Replacement Value- Myall v Tower Insurance

Monday, 11 December 2017 12:28 p.m. by GrantShandLawyers

In Myall v Tower Insurance Ltd [2017] NZCA 561 the Court of Appeal considered an appeal about the full replacement cost of “Riverlaw” mansion payable by Tower.  The calculation of the cost was complicated by the insured area being 650m2 when the actual area was 799m2.  The judgment exemplifies the need to call appropriate evidence at a trial court.  Mr Myall appears to have been prejudiced by the choice of witnesses made in the High Court.  The Court of Appeal decided the High Court ...

Duncan’s Building in High Street vs Digger…

Duncan’s Building in High Street vs Digger…

Thursday, 30 November 2017 9:25 a.m. by ShakyTownBlues

High Street News Flash: I have been told by a contractor that the street in front of the Duncan’s Buildings will be opened on Monday, one way.  I have had no notification of this from the CCC but I would …

How not to repair a Heritage Bulding in the Christchurch CBD… Dirty 30’s again….

How not to repair a Heritage Bulding in the Christchurch CBD… Dirty 30’s again….

Tuesday, 21 November 2017 9:54 p.m. by ShakyTownBlues

What is new in High Street. The Watson’s frontage has been purchased by Shaun Stockman.  An Excellent outcome for the street as he is a very proactive landowner, who has a flare with heritage buildings.  (Although, as you know, I …

CHRISTCHURCH — Reflected in Global Eyes

CHRISTCHURCH — Reflected in Global Eyes

Wednesday, 8 November 2017 3:30 a.m. by MakingChristchurch Popular

How not to repair a Heritage Building in the Christchurch CBD… St Asaph Street debacle..

How not to repair a Heritage Building in the Christchurch CBD… St Asaph Street debacle..

Sunday, 5 November 2017 9:14 p.m. by ShakyTownBlues Popular

What is New in High Street? I see that Barry Watson has finally decided to put his frontage on the market for sale.  Personally I have serious reservations about the efficacy of “facadism”.  My experience is that the cost of …

Red Zone options miss the mark

Red Zone options miss the mark

Wednesday, 1 November 2017 11:31 a.m. by greeningtheredzone Featured Popular

 

EQC claim assignments

EQC claim assignments

Wednesday, 1 November 2017 10:58 a.m. by GrantShandLawyers Popular

The recent case of Xu & anor v IAG & anor [2017] NZHC  1964 said that an insured home owner could not assign to a new owner the reinstatement rights under an insurance policy.  The decision is subject to an appeal to be heard May next year.  EQC in this publication on its website confirms that Where an EQC claim is assigned, the assignee (the person receiving the benefit of the claim, for example a purchaser) will have the same entitlement(s) under the Earthquake Commission Act as the or ...

New Christchurch Rebuild Minister wants EQC royal commission

New Christchurch Rebuild Minister wants EQC royal commission

Thursday, 26 October 2017 1:10 p.m. by EQCFix Popular

The new Christchurch rebuild minister is determined to see a royal commission of inquiry into defective Earthquake Commission (EQC) repairs.

How not to repair a Heritage Building in the Christchurch CBD…Demolition..

How not to repair a Heritage Building in the Christchurch CBD…Demolition..

Monday, 16 October 2017 8:59 a.m. by ShakyTownBlues Popular

What is new in High Street… It took 4 hours to sort it with a digger…   All jokes aside, one would have to ask why it took nearly 7 years for the issue of 135 High Street to be …

Southern ­Response aftershock

Southern ­Response aftershock

Sunday, 15 October 2017 10:50 a.m. by EQCFix Popular

The NZ Herald is reporting that Southern ­Response, the Government-owned company settling AMI's earthquake claims, has kept information from customers. The article reports that in some cases the withholding of "hidden" DRA's has resulted in lower settlement payouts.

Reconnecting the east to the city

Reconnecting the east to the city

Thursday, 12 October 2017 1:52 p.m. by AvonOtakaro Featured Popular

On Sunday the Mayor will open Te Ara Ōtākaro, the transitional Avon River trail, not by cutting a ribbon, but by tying the two broken ends of the ribbon together symbolising the reconnection of the east with the city.

How not to repair a Heritage Building in the Christchurch CBD…The Tram…

How not to repair a Heritage Building in the Christchurch CBD…The Tram…

Thursday, 12 October 2017 9:13 a.m. by ShakyTownBlues Popular

What is New in High Street? The Press has an article about the Tram that was supposed to run down our end of the street.   I note that we get a mention in the comments again.  Link Here: https://www.stuff.co.nz/the-press/news/97717158/shakeup-of-christchurch-transport-plan-proposed     I …

Lawyer Today Files Multiple Claims in the High Court Against EQC For Botched Repairs

Lawyer Today Files Multiple Claims in the High Court Against EQC For Botched Repairs

Tuesday, 10 October 2017 10:05 a.m. by EQCFix Popular

That’s how Lawyer Andrew Hooker describes the issue of houses with failed EQC repairs, owned by people who did not own them at the time of the repairs.
 
Shine Lawyers have today filed in the High Court a number of separate claims against the Earthquake Commission on behalf of people who have purchased houses that they subsequently discovered, were not properly repaired by EQC. Mr Hooker says this is different to most of the cases that have been filed to date because those are brought ...

Let’s grow a healthy garden city

Let’s grow a healthy garden city

Thursday, 5 October 2017 5:24 a.m. by MakingChristchurch

EQC & Insurance Newsletter #16

EQC & Insurance Newsletter #16

Thursday, 21 September 2017 10:50 a.m. by GrantShandLawyers Popular

Here is the link to our 16th EQC & Insurance Newsletter

Earthquake damage or Pre-existing.

Earthquake damage or Pre-existing.

Tuesday, 19 September 2017 11:18 a.m. by GrantShandLawyers Popular

In He v Earthquake Commission and ors [2017] NZHC 2136 the High Court (Dunningham J) had to decide whether the damage to Mr He’s property at 377 Selwyn Street, Addington was caused by the earthquakes or not.  The judgment records that over the life of the proceeding Mr He had engaged 6 different structural engineers.  The judgment also records that the tenant of the property at the time of the earthquakes supported EQC and the insurer that the damage existed before the earthquakes.  Predic ...

AMI Insurance – Exclusion clause application

AMI Insurance – Exclusion clause application

Monday, 18 September 2017 11:43 a.m. by GrantShandLawyers

In AMI Insurance Ltd v Legg & ors [2017] 321 the Court of Appeal upheld AMI’s appeal that it was liable to indemnify the Leggs for damage/costs from a rubbish heap fire on their Selwyn property in January 2013.  Some of the material in the heap came from the Leggs’ lifestyle block and some from a separate landscaping business run by their company Evolving Landscapes Ltd.  Legg insured the lifestyle block with AMI and ELL insured the business with Lumley.  In the High Court Nation ...

Prattley v Vero Insurance – Costs judgment

Prattley v Vero Insurance – Costs judgment

Friday, 15 September 2017 11:53 a.m. by GrantShandLawyers

Prattley Enterprises Ltd unsuccessfully sued Vero Insurance  to set aside a settlement agreement on insurance claims for earthquake damage to Worcester Towers.  It lost in the High Court, Court of Appeal and Supreme Court.  Risk Worldwide funded the litigation.  In Prattley Enterprises Ltd v Vero Insurance New Zealand Ltd [2017] NZHC 1599 the High Court (Dunningham J) awarded Vero $277,674 for legal costs and $467,571.67 for disbursements.  Vero had sought $596,508 for legal fees and $472,800.48 ...

The structures that support bad transport decisions

The structures that support bad transport decisions

Thursday, 14 September 2017 7:28 a.m. by MakingChristchurch Popular

Southern Response Announces New Chief Executive

Southern Response Announces New Chief Executive

Monday, 11 September 2017 12:28 a.m. by SouthernResponse Popular

Southern Response, the government-owned company settling Canterbury earthquake insurance claims, has confirmed today that it has appointed Anthony Honeybone as Chief Executive for the final stages of its claim settlement programme.

Press release 4 September 2017

Press release 4 September 2017

Tuesday, 5 September 2017 3:13 p.m. by ChristchurchFiasco

  WeCan (Canterbury based human rights’ watchdog) challenges Government lack of transparency,  preventing citizens’ human rights’ abuse claims being heard, and calls for an immediate overhauling of New Zealand’s only ‘business and human rights’ redress mechanism, the OECD Guidelines for …

Aftershock: The debacle of shoddy Christchurch earthquake repairs

Aftershock: The debacle of shoddy Christchurch earthquake repairs

Sunday, 3 September 2017 1:48 p.m. by EQCFix Popular

By Kurt Bayer, NZ Herald 

Vero Insurance – seven years after the event

Vero Insurance – seven years after the event

Friday, 1 September 2017 7:47 a.m. by ChristchurchFiasco Popular

Almost seven years after the Christchurch earthquakes thousands of policyholders are still trying to settle their claims with insurers ( See http://www.stuff.co.nz/business/89149897/Too-stressed-to-settle-3000-insurance-claims-still-waiting-after-Canterbury-quakes). Jerry Larason and his wife Rebecca are two such individuals. They have an unresolved claim with Vero Insurance …

Eleventh hour change by IAG over Christchurch quake deadline

Eleventh hour change by IAG over Christchurch quake deadline

Thursday, 31 August 2017 6:20 p.m. by EQCFix Popular

Hundreds of Christchurch residents with quake damaged homes could be caught out after IAG revealed it is going to apply a statute of limitations defence against future claims, starting from tomorrow. 

Good video – seven years on – outrageous

Good video – seven years on – outrageous

Monday, 28 August 2017 11:30 p.m. by ChristchurchFiasco Popular

  https://vimeo.com/230934913?ref=fb-share&1 Christchurch's Earthquake Nightmare continues… (KSL Audit Limited) Filed under: insurance

Important date looms for home owners with outstanding Christchurch earthquake claims

Important date looms for home owners with outstanding Christchurch earthquake claims

Monday, 28 August 2017 10:23 p.m. by EQCFix Popular


Saturday August 21, 2017

IAG Limitation Statement

IAG Limitation Statement

Friday, 25 August 2017 9:28 a.m. by GrantShandLawyers

Below is the IAG limitation position.  If you are an assignee you have 1 week to sue or your claim is statute barred.  This applies to all IAG brands. IAG’s position for all of its brands is that in respect of claims by our customers relating to policies which cover their contents and customer occupied home, IAG will not deploy the Limitation Act as a defence to proceedings served on IAG before 1st July 2018. Other types of potential litigants, who do not enjoy this blanket extension include: a. ...

EQC Kaikoura Earthquake Claim Progress

EQC Kaikoura Earthquake Claim Progress

Friday, 18 August 2017 10:57 a.m. by GrantShandLawyers Popular

Progress reported on Kaikoura earthquake claims 16 August 2017 Just over one-third – 34% – of the 38,000-plus residential claims from the Kaikoura earthquake managed by EQC and private insurers had been settled at 31 July 2017, EQC says. In a progress report on insurance claims from the earthquake, EQC says 62% of building claims had had their initial assessment completed at 31 July – up from 51% assessed and 28% settled at 30 June. So far EQC says it has paid $39.1 million to ...

Earthquake Insurance assignments- indemnity only

Earthquake Insurance assignments- indemnity only

Thursday, 17 August 2017 5:31 p.m. by GrantShandLawyers Popular

In Xu & anor v IAG & anor [2017] NZHC 1964 the High Court (Nation J) decided that reinstatement rights/benefits were not assignable to a new owner where the earthquakes occurred before the new owner took ownership and the previous owner purported to assign the rights/claims by a deed of assignment.  So the new owner was only entitled to indemnity value as an assignee.  The rights under the policy were held to be personal rights of the insured.  The High Court applied the Court of Appeal ...

High Street again…7 years on

High Street again…7 years on

Tuesday, 15 August 2017 10:01 a.m. by ShakyTownBlues Popular

So What’s new in High Street. Work on the Peeble’s units has ground to a halt,  It has been over 4 weeks since any progress has been made.  I have not had a clear answer as to the reasons? At …