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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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.

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 ...

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 ...

EQC claim assignments

EQC claim assignments

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

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 ...

EQC & Insurance Newsletter #16

EQC & Insurance Newsletter #16

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

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

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 ...

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

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 ...

EQC & Insurance News – Newsletter #15

EQC & Insurance News – Newsletter #15

Wednesday, 14 June 2017 12:20 p.m. by GrantShandLawyers Popular

The post appeared first on .

Settlement agreement valid

Settlement agreement valid

Wednesday, 26 April 2017 4:38 p.m. by GrantShandLawyers Popular

In Annex Devleopments Ltd v IAG New Zealand Ltd & anor [2017] NZHC 706 a property owner, Annex, asked the Court to set aside a settlement agreement it entered into in February 2012 for settlement of a commercial building claim on the ground that it and IAG had made a mistake about the extent of the insurance cover.  Annex settled the claim(s) for $9,430,000.  IAG had previously made progress payments for emergency repairs and lost rent of $229,746.35.  Annex said that it ought to have receiv ...

Limitation- Time running out on claims

Limitation- Time running out on claims

Wednesday, 5 April 2017 8:20 p.m. by GrantShandLawyers Popular

Last year insurers issued statements about dates on which they would rely on a defence under the Limitation Act(s) that require court proceedings to be brought within 6 years on which a homeowner could first sue otherwise the claim is no longer enforceable.  Those dates are fast approaching.  AA, Vero, FMG, MAS, and the IAG brands agreed not to plead a limitation defence for any residential earthquake damage claim where proceedings are filed in Court before 4 September 2017.  Southern Response w ...

EQC- November 2016 Quake Update

EQC- November 2016 Quake Update

Wednesday, 5 April 2017 7:38 p.m. by GrantShandLawyers Popular

Here is a link to the EQC update about claims from the November 2016 earthquake.  Apparently EQC has received about 38,000 residential claims with 71% for building damage only, 10% for building and contents, 9% contents only and 10% land damage.  EQC has retained management of the land claims.  Insurers manage building and contents claims from the November 2017 quakes only.  Apparently the intention is to settle the majority of claims by the end of 2017.

Young v Tower Insurance – costs

Young v Tower Insurance – costs

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

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 Popular

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 Popular

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 Popular

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 Popular

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 Popular

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 Popular

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 Popular

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 ...