GrantShandLawyers

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Name Grant Shand
Company Grant Shand Lawyer
Suburb Christchurch Central City
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Member Since 31/01/2014
Last Login 31/01/2014

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Grant Shand Expert Insurance Lawyer

Grant Shand is an expert insurance lawyer who specialises in assisting insured Canterbury residents with claims against insurance companies and EQC.

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Recent posts

Young v Tower Insurance – costs

Young v Tower Insurance – costs

Friday, 24 March 2017 10:06 a.m. by GrantShandLawyers

Mr Young and his co trustees had previously obtained a judgment against Tower Insurance on 7 December 2016 that their house was a rebuild at a cost of $1,620,887 together with general damages of $5ooo for Tower not providing a report.  The owners then asked the Court to order Tower to pay costs of $93,194 and disbursements of $102,259.91 (witness expenses and court fees).  This was said to be less than two thirds of the owners actual legal costs.  Tower said that any costs ought to be reduced si ...

Southland Stadium Appeal – Council held not liable

Southland Stadium Appeal – Council held not liable

Wednesday, 22 March 2017 8:22 a.m. by GrantShandLawyers

By the judgment 21 March 2017 in Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68 the Court of Appeal allowed the Council’s appeal against a High Court (Dunningham J) judgment that it was liable to pay in excess of $16M for the roof collapse of Southland Stadium in September 2010.  The only Council act within the limitation period was the Council issuing a code compliance certificate on 20 November 2000.  The Court decided that the Trust had not r ...

Actual floor area v Insured floor area

Actual floor area v Insured floor area

Tuesday, 14 March 2017 10:05 a.m. by GrantShandLawyers

In Myall v Tower Insurance Ltd [2016] NZHC 251 the High Court (Dunningham J) considered Tower’s obligations under the insurance policy where the actual floor area was 799m2, but the owner had insured the house for only 650m2.  The number of rooms and amenities were not specified on the insurance policy schedule which only referred to the insured house being a house built in 1885  with an area of 650m2.  There were 8 bedrooms and 6 bathrooms. Tower calculated the premiums based on 650m2.  T ...

District Court Limit now $350,000

District Court Limit now $350,000

Friday, 3 March 2017 10:41 a.m. by GrantShandLawyers

As of 1 March 2017 the District Courts Act 2016 is in effect so that the District Court can now accept claims up to $350,000 rather than the previous $200,000.  This will enable many earthquake insurance/eqc claims to be filed in the District Court with its cheaper filing fee ($200 vs $1350).  The District Court also operates a quick track for earthquake claims shortening time frames for events.

Southern Response Group Action

Southern Response Group Action

Thursday, 22 December 2016 10:44 a.m. by GrantShandLawyers

On 16 December 2016 Gendall J in the judgment in The Southern Response Unresolved Claims Group v Southern Response Earthquake Services Ltd [2016] NZHC 3105 gave approval to the proceedings against Southern Response being brought as a representative action.  The Group currently comprises 41 members who allege that Southern Response engaged in a strategy to improperly minimise its overall financial exposure to Canterbury earthquake claims.  The strategy is detailed in the judgment.  Gendall J also ...

Quake Outcasts appeal to Supreme Court

Quake Outcasts appeal to Supreme Court

Wednesday, 21 December 2016 12:41 p.m. by GrantShandLawyers

In Quake Outcasts v Minister for Canterbury Earthquake Recovery [2016] NZSC 166 the Supreme Court dismissed an appeal by QO to appeal directly to the Supreme Court from a High Court decision dismissing their judicial review application of the revised compensation offers.  The court decided there were no reasons to allow the QO to skip the Court of Appeal.

Lawyer liable for no earthquake insurance

Lawyer liable for no earthquake insurance

Wednesday, 21 December 2016 11:46 a.m. by GrantShandLawyers

The High Court has decided in Witty v Rout [2016] NZHC 3016 that a lawyer is liable for failing to insure a house for earthquake damage as part of administering an estate.  Ms Hampson died on 15 September 2010 and probate was granted to Messrs Witty and Rout on 4 October 2010.  The insurance over the property came to an end in November 2010 as the premiums were not paid, so the property was uninsured when it was damaged in the 2011 earthquakes.  Mr Rout was sued in his capacity as executor and a ...

Insurers to take over EQC role for Kaikoura quakes

Insurers to take over EQC role for Kaikoura quakes

Tuesday, 13 December 2016 4:17 p.m. by GrantShandLawyers

Simpler process for settling Kaikoura Earthquake claims 13 Dec 2016 An agreement between private insurers and the Earthquake Commission (EQC) will simplify how home and contents insurance claims are resolved for people affected by the Kaikoura Earthquake. Under the agreement, private insurers will act as EQC’s agents and receive, assess and settle home and contents claims for earthquake damage from their own customers, even those claims that are under the EQC cap. EQC will assess land damage as ...

EQC & Insurance Newsletter #13

EQC & Insurance Newsletter #13

Thursday, 8 December 2016 11:18 a.m. by GrantShandLawyers

here is the link to the Grant Shand EQC and Insurance Newsletter#13

Prattley loses Supreme Court Appeal

Prattley loses Supreme Court Appeal

Tuesday, 6 December 2016 11:31 a.m. by GrantShandLawyers

The Supreme Court on 6 December 2016 in Prattley Enterprises Ltd v Vero [2016] NZSC 158 dismissed an appeal by Prattley against the refusal of the Court of Appeal to set aside an insurance  settlement agreement and order Vero to pay it a further $2.7M for damage to Worcester Towers in the Canterbury earthquakes.  Vero insured the building on an indemnity, and not reinstatement basis for $1,605,000.  The property was damaged in September, December and February earthquakes.  It was demolished in S ...

Tower- Financial issues- Sue now and collect $$ soon

Tower- Financial issues- Sue now and collect $$ soon

Wednesday, 30 November 2016 8:29 a.m. by GrantShandLawyers

Here is a link to Tower’s 29 November 2016 announcement to the market about its $21.5M loss for the year to 30 September 2016 and its intent to try to separate out its Canterbury earthquake liabilities into a Ru off company.  It says that it has 564 claims unsettled in Canterbury for which it has made a gross provision of $149M.  It says of this 564 there are 311 that are complex and challenging.  The provision works out at $264,000 per claim.  Seems a bit low to me.  It is also uncertain ...

EQC- Earthquake numbers

EQC- Earthquake numbers

Wednesday, 30 November 2016 8:02 a.m. by GrantShandLawyers

EQC expects 50,000 claims from the Kaikoura earthquake(s).  It has received about 10,000 so far.  EQC received more than 460,000 claims for 166,000 buildings in Canterbury.  EQC says it has about 5000 failed remedial work claims to deal with.  EQC says that it has 3647 land claims to settle in Canterbury.  It says it has resolved 49,000 land claims so far.  Resolved to EQC means EQC has paid what it think it owes.  The Crown has not received any payments from EQC for land damage to red zone land ...

Post earthquake(s) property settlements

Post earthquake(s) property settlements

Thursday, 17 November 2016 4:17 p.m. by GrantShandLawyers

Below is a memo from the Property Law Section of the NZ Law Society about property settlements post earthquake(s). Post-Quake Property Settlement Considerations Recent events have not only changed the physical landscape, but also that of conveyancing and settlements. The purpose of this memo is to raise awareness of some of the factors that must now be considered when advising clients and determining the most appropriate course of action to take. While it is impossible to address every scenario, ...

High Court Earthquake List – 2016 Report

High Court Earthquake List – 2016 Report

Thursday, 17 November 2016 3:40 p.m. by GrantShandLawyers

Here is the 2016 Report on the Christchurch Earthquake Litigation List by the Chief High Court Judge.  Points of note are:  302 new proceedings since 30 September 2015;  This includes 53 cases involving alleged defective or inadequate repairs;  More Judges to be allocated to earthquake cases;  In the year 125 cases were settled and discontinued and only 2 required a full hearing and judgment;  There are 400 active cases of which 55 are set down for trial and 345 are in the case management proces ...

Limitation – EQC and Insurance Update

Limitation – EQC and Insurance Update

Tuesday, 15 November 2016 5:51 p.m. by GrantShandLawyers

We are fast approaching 6 years since the 22 February 2011 earthquake.  This is to remind people of limitation issues that were highlighted prior to the 6 year anniversary of the 4 September 2010 earthquake.  IAG said that it would not extend any limitation period for claims by body corporates or commercial claims.  Other insurers have also not provided a global extension for commercial claims.  So to be safe these ought to be filed in a Court by 21 February 2017.  AA, Tower, FMG, MAS and Vero h ...

EQC & Insurance newsletter #11

EQC & Insurance newsletter #11

Monday, 14 November 2016 11:29 a.m. by GrantShandLawyers

Here is the link to our EQC and Insurance Newsletter #11.    

EQC & Insurance newsletter #14

EQC & Insurance newsletter #14

Monday, 14 November 2016 11:29 a.m. by GrantShandLawyers

Here is the link to our EQC and Insurance Newsletter #14.    

EQC & Insurance newsletter #12

EQC & Insurance newsletter #12

Monday, 14 November 2016 11:29 a.m. by GrantShandLawyers

Here is the link to our EQC and Insurance Newsletter #12.    

Western Pacific Insurance- brokers

Western Pacific Insurance- brokers

Sunday, 13 November 2016 3:21 p.m. by GrantShandLawyers

It is coming up to 6 years since Western Pacific Insurance Ltd (“in liq”) was placed into liquidation by its shareholders on 1 April 2011.  Time is fast running out to sue insurance brokers who placed insurance cover with Western Pacific in circumstances where there were solvency issues.  We are aware of about 6 court proceedings against brokers arising out of Western Pacific from unsatisfied earthquake claims.  We are also aware that brokers have notified their insurers of a likelih ...

Costs from EQC and Southern Response

Costs from EQC and Southern Response

Sunday, 13 November 2016 2:48 p.m. by GrantShandLawyers

In Ramage v EQC & Southern Response [2016] NZHC 2327 the High Court considered an award of costs against Southern Response after it settled a claim at a mediation, but with costs not agreed.  EQC prior the Court hearing had agreed to pay costs of $32,677.51.  The judgment is notable at para [27] for the statement that success against EQC is determined by whether EQC concedes the claim is over cap.  If so, then EQC should be liable for costs of at least 50%.  Southern Response was found to ha ...

EQC has a win on costs

EQC has a win on costs

Monday, 7 November 2016 12:33 p.m. by GrantShandLawyers

The Court of Appeal in Yarrall & anor v EQC [2016] NZCA 517 dismissed an appeal against a costs judgment where the High Court had ordered the homeowner to pay EQC costs of $23,482 plus disbursements of $121.40.  The homeowners sued EQC challenging the apportionment of damage between the quakes.  Before the homeowners commenced the proceedings in August 2013 the insurer had accepted the EQC apportionment and had agreed to replace the house.  The dispute proceeded through the High Court earthq ...

Earthquake Prone Buildings

Earthquake Prone Buildings

Sunday, 6 November 2016 2:55 p.m. by GrantShandLawyers

Identifying and Managing Earthquake-prone Buildings Regulations have been approved for new earthquake-prone building legislation and these have been released for consultation. MBIE is consulting on the regulations, together with a methodology that will set the new approach for identifying and managing earthquake-prone buildings.  The methodology will outline the criteria for engineering assessments, and it is designed to enable councils to make informed decisions about whether buildings are eart ...

Judicial modernisation

Judicial modernisation

Monday, 17 October 2016 11:47 a.m. by GrantShandLawyers

beehive.govt.nz – Bill updates 108-year courts legislation Amy Adams 11 October, 2016 Bill updates 108-year courts legislation Parliament has passed legislation tonight that updates and modernises the century-old law underpinning New Zealand courts. Twenty-three Bills divided from the Bill formerly known as the Judicature Modernisation Bill were passed into law with widespread support. “At more than 1000 pages, the legislation was one of the biggest law-making tasks ever undertaken by Parl ...

Judical modernisation – Interest & DC limit to $350,000

Judical modernisation – Interest & DC limit to $350,000

Tuesday, 20 September 2016 11:35 a.m. by GrantShandLawyers Popular

The Judicial Modernisation Bill has now been subdivided into subsidiary bills – one of which is the Interest on Money Claims Bill and another that deals with the District Court.  It has now passed through the House committee stage with only its third reading and Royal Assent to go.  Good for claimants and bad for EQC it now provides that a defendant is liable to pay interest where the defendant pays money to settle the claim after proceedings commenced, but before any judgment.  Previously ...

MBIE Cash Settlement Booklet

MBIE Cash Settlement Booklet

Wednesday, 24 August 2016 6:27 p.m. by GrantShandLawyers Popular

Here is the link to the MBIE Cash Settlement booklet recently released via an OIA request.  It was prepared by MBIE and CERA with input from EQC, CCC and Worksafe.  It is an excellent handbook for homeowners and contains accurate advice as to what to do when considering a cash settlement.  It makes many useful suggestions as to information to ask of the EQC/Insurer before settling and also what ought to be included in the cash settlement calculation.  Still a useful resource.

EQC Limitation Video

EQC Limitation Video

Wednesday, 3 August 2016 9:38 a.m. by GrantShandLawyers Popular

Here is a link to a video of me produced by EQC fix it about EQC and the impending limitation period expiry.

High Court orders costs against EQC and Southern Response

High Court orders costs against EQC and Southern Response

Tuesday, 26 July 2016 11:40 a.m. by GrantShandLawyers Popular

Yet again the High Court (Davidson J) has ordered EQC and Southern Response to pay costs to homeowners where both paid money after being sued in excess of what each had offered before being sued late 2013.  In Zygadlo v EQC & Southern Response [2016] NZHC 1699 the High Court ordered EQC to pay $12,210.27 in costs and SR $45,291.56.  EQC paid $159,626.71 in August 2015 and SR paid a further $340,000 in March 2016 to remediate the house damage.  EQC asked the Court to order that the homeowners ...

Newsletter #11

Newsletter #11

Wednesday, 13 July 2016 1:43 p.m. by GrantShandLawyers Popular

Here is newsletter 11 for Grant Shand on EQC and Insurance issues.

Summary Judgment application fails against insurers

Summary Judgment application fails against insurers

Monday, 11 July 2016 6:48 p.m. by GrantShandLawyers Popular

In Emmons Developments NZ Ltd v Mitsui Sumitomo Insurance Co Ltd & anor [2016] 1244 the High Court (Matthews AJ) discussed a summary judgment application by the owner of Rydges, a carpark and the Grant Thornton Building in Christchurch  for costs of demolition, building protection and fees from Mitsui and Vero subsequent to the earthquakes in 2010/2011.  It noted that Emson applied for summary judgment in early 2016, but then withdrew the application after the insurers filed/served oppositio ...

AMI & Lumley liable for Selwyn fire damage in 2013

AMI & Lumley liable for Selwyn fire damage in 2013

Monday, 11 July 2016 6:24 p.m. by GrantShandLawyers Popular

In NZ Fire Service Commission & ors v Legg & ors [2016] NZHC 1492 the High Court (Nation J) considered a claim by the NZ Fire Service Commission and the Selwyn District Council to recover costs incurred in fighting a substantial fire in January 2013 that emanated from a burn heap of vegetation from the owners of the property (Leggs) and the landscaping business operated at the property (Evolving Landscapes Ltd).  Leggs sought indemnity for the claim from AMI and Evolving sought indemnity ...