EQC/NHC, Insurer and earthquake limitation

In Pearce v NHC & anor [2024] NZHC 623 the High Court (Osborne J) dealt with a case stated from the Canterbury Earthquakes Insurance Tribunal about whether the homeowners’ claim against the insurer, MIS, was statute barred by the Limitation Act 2010.  The 2010/2011 earthquakes damages the Pearces’ home.  In November 2023 the Pearces’ lodged a claim in the CEIT.  MIS said the claim was statute barred having been brought more than 6 years since the cause of action accrued.  EQC/NHC determined the claim was over cap on 25 November 2022.  The court decided that the primary period under section 11 of the Limitation Act 2010 begins on the date, following EQC’s advice that the applicants’ claim was over cap (25 November 2022), that represents the reasonable period for MIS to have assessed the applicants’ overcap claim and to have made payment of the amount due.  So the claim was not statute barred.