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EQC- land damage claims

Owners of properties should not overlook that they have a separate claim for land damage against EQC under s19 of the Earthquake Commission Act 1993.

19Residential land

  • Subject to any regulations made under this Act and to Schedule 3, where a residential building is deemed to be insured under this Act against natural disaster damage, the residential land on which that building is situated shall, while that insurance of the residential building is in force, be deemed to be insured under this Act against natural disaster damage to the amount (exclusive of goods and services tax) which is the sum of, in the case of any particular damage,—

    • (a)the value, at the site of the damage, of—

      • (i)if there is a district plan operative in respect of the residential land, an area of land equal to the minimum area allowable under the district plan for land used for the same purpose that the residential land was being used at the time of the damage; or

      • (ii)an area of land of 4 000 square metres; or

      • (iii)the area of land that is actually lost or damaged—

      whichever is the smallest; and

    • (b)the indemnity value of any property referred to in paragraphs (d) and (e) of the definition of the term residential land in section 2(1) that is lost or damaged.

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Cash insurance settlements TC3

Cash Insurance Settlements – Foundation, Deep Pile Solutions

The Property Law Committee of the Canterbury Westland branch of the Law Society has issued the following notice:
Notice to Practitioners – Insurance Settlements where deep pile solutions are required.  (TC3, heavy builds etc)
All caution must be taken where clients are proceeding with cash settlements with insurers where deep pile solutions are involved in repairs and/or rebuilds.  Note some of these solutions have the potential to cause significant damage to neighbouring properties, and liability issues thereto. Accordingly, any due diligence investigation must take such matters into account prior to accepting any cash settlement.

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District Court excellent

The quick process initiated by the District Court is working really well in processing earthquake insurance claims.  As an example an earthquake insurance claim filed early September 2012 progressed through notice of claim, response, information capsules and notice of pursuit and is allocated a judicial settlement conference for late October 2012.  The District Court charges $169.20 as a filing fee on the notice of claim and $906.30 on the notice of pursuit of claim.  The District Court deals with claims up to $200,000.  The $200,000 limit does not include interest and costs.

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