EQC & Insurance News - Newsletter #22
Resolving claim options

The Court system continues to fail to deal with earthquake claims quickly and efficiently.  There are still about 500 unresolved claims that will take years to resolve in the High Court.  There are likely many more in the District Court  Now there is the Greater Christchurch Claims Resolution Service.  It provides free access to mediations with a similar list of mediators that do claims outside the service.  It also provides a hearing process with a better quality of decisionmaker than you get in the Court system. 

Apparently the Insurance Tribunal will also come on stream.  It is about 7 years too late and adds nothing to what the GCCRS provides. 
Tower Insurance Loses Costs Appeal 
In Tower Insurance Ltd v Kilduff & anor [2019] NZCA 82 the Court of Appeal dismissed Tower’s appeal against a High Court decision that awarded the homeowners costs of $81,249 and disbursements of $122,515.20 after a trial about earthquake damage to the house at 101 Clifton Terrace, Sumner ...
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IAG Gets Electronic Inspection
In May 2017 IAG declined the earthquake damage claim by Stephen & Alexis Coyle on the grounds that they had fabricated or modified documents to inflate the cost to rebuild their damaged property so as to bolster their position in the course of the negotiation of a cash settlement of their claim ...
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Claim Against Insurance Brokers and Vero Proceeds 

The High Court (Andrew AJ) judgment in Brinsdon v Beazley & anor [2019] NZHC 808considered an application by an insurance broker (GH Beazley) and insurer (Vero) to strike out the claims brought in Court by JR Brinsdon relating to earthquake damage from earthquakes in 2010 and 2011 on the grounds that they were brought more than 6 years after the relevant events.  Mr Brinsdon did not commence proceedings until September 2017 ...  
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Tower Insurance Wins Appeal About Assignment and Interest

In Doig v Tower Insurance Ltd [2019] NZCA 107 the Court of Appeal dismissed an appeal by the Doigs about Tower’s representations about insurance cover/rights on a Redcliffe house the Doigs bought in a damaged state in September 2012 after the Canterbury earthquakes.  The Doigs said that Tower had represented to them that they would get the reinstatement rights under the assigned policy rather than indemnity value ...
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More IAG Failed Repairs 

The judgment in Self-Realization Meditation and Healing Centre Charitable Trust (New Zealand) v IAG New Zealand Ltd & ors [2019] NZHC 763 is emblematic of disputes post failed earthquake remedial work where IAG insured the house and was involved in the remedial work.  The homeowner sued IAG who then joined as third parties three building entities involved and two Hawkins companies ...
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Insurance Claims Tribunal

Notwithstanding the success of the Greater Christchurch Claims Resolution Service it appears the Government is proceeding with the establishment of the Canterbury Earthquakes Tribunal.  Based on the version of the bill reported from the House on 9 May 2019 the goal is for the Tribunal to exist from 10 June 2019 ...
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Income Protection Claim Fails 

In Taylor v Asteron Life Ltd [2019] NZHC 978 the High Court (Cooke J) dismissed a claim by an insured, Peter Taylor,  to recover benefits under an income protection policy and upheld the insurer’s claim to recover $371,286.70 in payments made plus interest to be determined.  The Court found that Mr Taylor was not totally disabled because he continued to work after his alleged “sickness” ...
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Fitzgerald v IAG Insurance - No Recall of Judgement

Fitzgerald & ors v IAG New Zealand Ltd [2018] NZHC 3447 was a High Court judgment by Gendall J about the repairability of a rubble foundation damaged in earthquake(s) ...
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Summary Judgement Against Southern Response

In Biggins & anor v Southern Response Earthquake Services Ltd [2018] NZDC 25609 the District Court considered an application by an insured home owner for summary judgment for the cost of a carport that was not included when SR rebuilt the insured’s house ...
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Client Testimonial

"Prior to contacting Grant Shand, we had tried all avenues in attempting to progress our earthquake claim. There was a lot at stake for us. Grant knew what steps to take and acted with great alacrity and efficacy.

He was very clear in all communications and always had time for us, and our many questions. His skill and determination got us a successful outcome.  We have no doubt that we chose the right team to fight for us".

Geoff Knight and Kristi Calder

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Grant Shand Barristers & Solicitors · Level 2, 26-28 Hobson Street Towers · Hobson Street · Auckland, Auk 1140 · New Zealand

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