Southern Response engaged in misleading and deceptive conduct, High Court finds
16 August, 2019
The Press and RNZ reports: Southern Response has been found to have behaved deceptively in a potentially precedent-setting High Court case that could cost taxpayers hundreds of millions of dollars.
The claimant was represented by Peter Woods and Tim Grimwood, of law firm Anthony Harper.
Radio New Zealand Checkpoint reports: "Misleading & deceptive" - that's how the High Court has described the behaviour of Southern Response - the state owned quake insurer.
In a ruling released today the court found Southern Response failed to act in a fair and transparent way and breached its duty of good faith in dealing with Christchurch couple Karl and Alison Dodds, whose quake damaged house was written off.
Lisa Owen asks their lawyer, Peter Woods about his reaction to the court's finding.
Read full court judgement here: https://www.courtsofnz.govt.nz/cases/dodds-v-southern-response-earthquake-services-limited/@@images/fileDecision?r=544.718712239
Government to pay for failed repairs to earthquake-hit Canterbury homes
15 August, 2019
The new package will enable homeowners of over-cap on-sold properties* in Canterbury to apply for an ex gratia Government payment to have their homes repaired.
Ruiren Xu And Diamantina Trust vs. IAG New Zealand
Statement from Lawyer, Peter Woods (Partner – Anthony Harper, ChCh)
Xu deals with a case where the house was sold on an "as is" basis, with an assignment of the original owner's rights under their insurance policy to the purchaser. In the majority of "as is" sales, the rights are not assigned, as the original owner will have settled their insurance claim for the EQ damage to the house. They keep the cash settlement and the sale price is reduced.
EQC reopen over 600 claims for defective foundation repairs
A Christchurch couple has uncovered a fault in their houses earthquake repairs that could affect hundreds of other homeowners and cost millions to repair. — Read more
Southern Response Class Action moves ahead
Southern Response had a practice of maintaining two (2) versions of each DRA. One version did not include all costs that are part of a repair/rebuild cost such as demolition, professional fees and contingency.
IT’s Not Too Late Lodge your 2018 claims with EQC
“The Earthquake Commission is reminding customers whose homes and property suffered damage in the earthquake that struck the North Island near Taumarunui on 30 October last year that they still have time to lodge a claim.” Find out more here
Southern Response spied on earthquake victims
“The inference that otherwise apolitical earthquake victims could be put in this category and seen as a security concern has shocked many observers, and not just in Christchurch”. – Editorial, The Press, Dec 19 2018
High Court Cases
Canterbury High Court quake insurance cases filed/disposed
Lessons learned FROM Greater Cristchurch
EQCfix.NZ has been working on a series of lessons learned…
Congratulations to Mel Bourke on being awarded the Kiwibank Local Hero medal.
The regional judging is complete and we can now name this years Kiwibank Local Hero medal recipients includes Mel Bourke, a driving force behind EQC Fix and championing the rights of earthquake insurance claimants.
The Kiwibank Local Hero award recognises those whose selflessness and determination has made a difference in the community. It provides a special opportunity to all New Zealanders, who have witnessed or experienced the contributions made by this years medal recipients, to say thank you, we appreciate what you are doing to make our communities better.
Steel & Tube fined $1.9m for misleading over steel mesh
steel mesh: what does it mean?
The Commerce Commission issued criminal proceedings against four steel manufacturers under the Fair-Trading Act. They did this because they believed the steel mesh being sold to residential property owners did not meet the required Standard
Southern Response Position on Limitation
Some welcome news for the Southern Response 'customer', (who technically aren't customers in the truest sense of the meaning of a customer). Unlike IAG, who is constantly seeking new insurance business and therefore new customers - IAG continues to take a hard line approach with its customers compared to Southern Response and Tower Insurance.
IAG LIMITATIOn Urgent action needed
IAG seem determined to use the 1st July 2018 as its Limitation defence date, when other insurers such as Tower Insurance and Southern Response have a more responsible approach. This is relevant if you are under or over cap. We have information on our site to help you, go via our main menu or click HERE.
"There are about 1,700 claims with EQC for defective assessment/repair. Many of these (and others still to come in) might relate to rubble foundations. It is possible may will go ‘over-cap’ and be transferred to the insurer. IAG could get up to 50% of these claims. Most will not even get to IAG before 30 June." Please note, the text in italics was provided to EQCfix, it has not been validated, is not our opinion, so any factual errors are therefore not our responsibility.
Ministerial Advisor Report
At 1:00pm 6th June 2016 the Report of the Independent Ministerial Advisor to the Minister Responsible for the Earthquake Commission was released
EQC Test Case proposed
Earthquake Commission Amendment Bill
This bill amends the Earthquake Commission Act 1993. Submissions are now being accepted.
Submission deadline: 31 May 2018
EQC Minister: Houses not properly assessed could cost millions
EQC 'on-sold' liability could cost as much as $1 billion. EQC boss knew of repair problems for a year. According to RNZ Morning Report, the Former Christchurch earthquake recovery minister Gerry Brownlee said this is a crisis being manufactured.
Homeowners are left with no option - sue IAG before 30 June
our last meeting for 2017. EQCfix covered three critical topics.
demystify land claims
Buying or selling? Understand assignment of claims.
Worried you’ve been underscoped / under assessed by EQC?
Was your claim discharged by Southern Response?
Thank you to all those who attended our last public meeting for 2017.
See presentation from Grant Shand on Southern Response and the Concealed DRA’s
Event speaker list and details here
Urgent Attention: Limitation Act
urgent action required by IAG customers
In respect of "on-sold" properties IAG will not confirm that it has agreed to defer the LP defence to 30 June 2018. It appears that IAG is going to claim that re. "on-sold" properties it can rely on the LP defence from 4/9/17.
November 2016 Earthquake
Serious questions for EQC and your insurer
Many questions from claimants and experts have been raised about how EQC and insurers are dealing with assessments and the claims process following the November 2016 earthquake. Consider if these questions are important to your claim.
LIMITATION EXTENSION REQUEST TEMPLATES
While we do not necessarily accept that the limitation period for Canterbury claims will expire on 4 September 2017, we are concerned that some insurers may consider that it does expire then, and that they may rely on it as a defence to any claim you may be required to bring.
We have just added several templates for claimants to request an extension from their insurer to the limitation period imposed under the Limitation Act 1950 and/or Limitation Act 2010. This is very important for any homeowner with a claim. You should take action now.
Other template available include:
Expert legal opinions
Q&A from legal experts
EQC Fix has just added expert legal opinions on the burning questions many of you will have around your insurance claims.
Joint declaratory statement with EQC
EQC Group Action Settlement
A group of 98 Canterbury homeowners has won a landmark settlement with the Earthquake Commission (EQC) following a bid for a joint declaratory statement. The joint statement is relevant to anyone with settled or unsettled properties with EQC dwelling claims. But what does it all really mean for you?
A packed public meeting was held at the Transitional Cathedral, 12 May 2016, with the aim to inform home owners of the joint statement/agreement reached and its implications for them and their property. Radio New Zealand Checkpoint - John Campbell previews the public meeting - Listen to the interview
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