In Deo Gratias Developments Ltd v Tower Insurance Ltd & anor [2018] NZHC 767 the High Court (Osborne AJ) ordered EQC to pay 75% of the legal costs and disbursements a homeowner incurred in Court proceedings against EQC and the insurer where EQC paid cap after being sued and the insurer settled the claim one month after EQC paid cap.  In the three other proceedings considered in the judgment the Court ordered EQC to pay 50%.  EQC had argued that 50% was its maximum liability.  The closer the insurer settlement is to the cap payment the greater % of costs EQC ought to pay.

Here is a short video I did about the limitation act(s) applying to earthquake claims and the extended limitation period(s) that apply to claims against IAG and Southern Response.  For IAG it is 30 June 2018 and Southern Response it is 3 September 2018.

Here is a short video that I did about the practice of AMI/Southern Response in concealing costings from homeowners.  Homeowners that settled before 1 October 2014 are likely have short settled by in some cases hundreds of thousands of dollars.  The first Court trial on this issue starts 21 May 2018.

Here is a short video I did about the issues with assignments of EQC and insurance claims.  We are still waiting for a Court of Appeal decision after a hearing on 15 February 2018 about the ability to assign insurance claims/proceeds for replacement costs.

Here is a short video I did about EQC’s liability to pay interest.  If EQC has not paid then a homeowner should sue now to get interest from when EQC ought to have paid.  For a cap payment this ought to be in excess of $30,000.  A homeowner must sue to get the interest.  EQC is very apprehensive about this new exposure.