, ,

Which insurance policy appeal

In QBE Insurance (International) Ltd v Allianz Australia Insurance Ltd [2018] NZCA 239 the Court of Appeal upheld the High Court decision that Allianz was not liable for earthquake damage because its insurance policy did not commence until 4pm on 4 September 2010 in relation to the earthquake that occurred at 4.35am.  The QBE policy ended at 4pm on 4 September 2010 so it was solely liable.  The agreement between the insured’s broker and Allianz on placement was that the Allianz policy would incept on the expiry of the QBE policy.  Any later documents could not affect that agreement.

, , ,

IAG failed earthquake insurance repairs

In Robin v IAG & ors [2018] NZHC 1464 the High Court (Gendall J) reversed the decision of Matthews AJ in Robin v IAG & ors [2018] NZHC 204 about joining as defendants people involved in post earthquake repair work.  Ms Robin owned 214 Fitzgerald Avenue.  She sued IAG alleging that the earthquake repair work done did not restore the house to the policy standard.  She also sued the manager of the repair work, Canterbury Reconstruction Ltd.  IAG joined Hawkins who monitored/assessed the remedial work as a third party.  IAG then asked the Court to join as defendants Houselifters Ltd, Max Contracts Ltd and the Christchurch City Council.  Ms Robin opposed the joinder.  Gendall J said that Matthews AJ was wrong not to join them as defendants.  They were involved in the allegedly defective work and no other party could/would  join them as third parties.  It would not be onerous for Ms Robin to formulate and prove the claim(s) given she had sued CRL.

, , ,

Myall v Tower Insurance – no further appeal

The Supreme Court in Myall  v Tower Insurance Ltd [2018] NZSC 35 has refused an application by Mr Myall for leave to appeal the Court of Appeal decision about professional fees on a house rebuild and the apportionment of the rebuild cost based on under insurance.  It said that notwithstanding obvious errors by the High Court and Court of Appeal there was no question of general or public importance.

, , ,

EQC ordered to pay 75% of legal costs

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.

, , ,

Earthquake Claim Limitation – IAG & Southern Response

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.

, , ,

Southern Response – Misleading DRA’s

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.

, , ,

Insurance claim/policy assignment

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.

, ,

Interest on EQC payments

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.