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.
Here is a link to my interview with John Campbell on Checkpoint about issues with EQC work and claims.
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 interest will be a substantial amount. Here is a link to an interest calculator.
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 important to get from EQC in relation to apportionment the addresses of the properties used by EQC, details of the method of construction of the properties and details of the remedial costs and method that it assessed the apportioned repair cost. It must provide this information. The court has ordered it to provide this information in cases.
Auckland
PO Box 137243,
Parnell, 1052
Tel: +64 27 434 5489
grant@grantshand.co.nz
