The Court of Appeal in its judgment in IAG v QBE & ors  NZCA 208 considered the liability split between IAG as the insurer of the Sleights’ earthquake damaged house and QBE as the insurer of IAG’s project manager for the defective earthquake repair work, Hawkins. IAG did not challenge that it was liable to pay the Sleights the cost to remediate the house after previous repair work by/for IAG did not restore the house to the insurance policy standard of “when new”. IAG also challenged the High Court (Gendall J) decision to award interest on the repair costs from when the Sleights first complained in 2015, notwithstanding that […]
By a judgment delivered 16 December 2021 by Osborne J in Ross v Southern Response Earthquake Services Ltd  NZHC the High Court has granted the representative plaintiffs (Ross) permission to end the group action against Southern Response on terms that the Southern Response package is open to eligible homeowners until at least April 2023; dissatisfied homeowners can sue Southern Response without Southern Response raising a limitation defence for a further 18 months after discontinuance and oversight/reporting by a committee to the Court. All eligible homeowners are now free to take up the package offer and the $2000 legal fee subsidy or to sue Southern Response. Southern Response is to […]
For all those people that settled their earthquake insurance claim with AMI Southern Response before 1 October 2014 here is the link to the Southern Response DRA Package. Register and provide information to Southern Response online. Then get legal advice on the Southern Response DRA offer. Southern Response will pay $2000 towards legal advice. Advice should not cost more than that. Use a lawyer that has experience in resolving these cases like Grant Shand.
Homeowners insured by AMI/Southern response that settled their claim before 1 October 2014 are now entitled to be paid up to many hundreds of thousands of dollars more. Make sure that you get what you are entitled to and do it now. Grant Shand will charge only $2000 including GST to advise on and settle the claim. He did the case of Avonside Holdings Ltd v Southern Response that changed the Southern Response practice and required it to pay a contingency and professional fees as part of a settlement. Southern Response will reimburse the $2000 so owners effectively nothing to get the best advice and outcome.
In 4 judgments released today, 20 September 2021, Osborne J in Ross v Southern Response Earthquake Services Ltd has allowed Southern Response to communicate its DRA claim settlement package to the 3000 eligible owners over the objections of Grant Cameron lawyers at the same time as owners are informed that they can opt out of the Cameron class/representative claim. The Court also dismissed the Cameron/Ross application by which they asked the Court to order Southern Response to set aside 15% of any settlement Southern Response agrees with an owner with the intent that the 15% be available to pay Cameron and the litigation funder. Owners also need to be told […]