Critical Issues


 

1. Limitations Act

If you have concerns regarding the Limitations Act and the six year limit it imposes on your claim(s), use one of the template letters in our Resources page to seek clarification from your insurer. Template content provided, in collaboration, with Mr Peter Woods and Dr Duncan Webb.

  • Mr Peter Woods Presentation on Limitation HERE.

IT IS IMPORTANT YOU ACT NOW - contact an insurance specialist lawyer

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2. Foundations Pre-1970 homes

We wish to thank  Underfoot Services for supplying the following information.

It is possible there is a significant issue regarding the reinstatement strategies used by EQC on homes built before 1970 with rubble foundations. A rubble foundation is made from three main products; rubble, cement and plaster. Several specialists are of the view that many  earthquake damaged rubble foundations, in homes built pre-1970, cannot be repaired to meet the standard in the Earthquake Commission Act 1993. 

 
 

 

Download A fact sheet: PDF

 
 
 

Next steps:

  • Have a foundation assessment completed on your home.
  • Contact an insurance specialist lawyer or adviser to assist you.
  • See our Resources page for information on requesting an EQC review.

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3. Southern Response DRA's


 One couple we know of at EQCfix.nz has a variance between DRA's of more than $300,000.

One couple we know of at EQCfix.nz has a variance between DRA's of more than $300,000.

Some people that settled with Southern Response before 23 July 2015 have become aware that prior to settlement Southern Response did not disclose all versions of its Detailed Repair/Rebuild Analysis (DRA).

Southern Response had a practice of maintaining tw0 (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.

Southern Response’s failure to disclose all of the DRA’s and the omitted costs is a breach of its “good faith” obligations.  It is also likely a breach of the Fair Trading Act by Southern Response misrepresenting the  rebuild or repair cost in the DRA or accompanying letter that then led to the settlement.
 

Grant Shand is wanting to work with people in this situation, sharing information and knowledge as group, to see if he can fast track their claims.

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4. Case Law

Here is a court judgment in Sadat v EQC & Tower from 6 July 2017 that is a lesson in not over-reaching the facts of the claim. At paras 292 to 298 it contains a useful discussion about under insurance. House was only insured to 85% of its floor area but court did not not apportion all costs based on %, but rather used an elemental approach for items that would be needed no matter what the floor area.

More Information coming soon