EQC Legal Help
The EQC essentially provides the first layer of cover for residential homeowners.
Any claims must have been made to EQC within 3 months of the event. The ability of this amount to be extended is still legally uncertain. EQC’s conduct may be relied on in some circumstances so that it becomes unfair for it to be able to rely on the strict wording in the Act. There is also an argument that the time period is akin to that of a time period in an insurance policy so a homeowner may have any argument that the insurer must show prejudice to be able to rely on the time restriction. This also is an argument not recently tested in the Courts.
Each earthquake consitutes a separate event, so for each event a homeowner has an entitlement of $100,000 for house and $20,000 for contents.
EQC can be sued if a homeowner is dissatisified. It was also apparently setting up a mediation service to deal with claims. It is also still legally uncertain whether to dispute an EQC decision it is necessary to have the High Court judicially review the decision. It must be at least arguably that you can commence normal proceedings to enforce your statutory rights to compensation.
If you require legal help with EQC whether you’re in Christchurch or another part of New Zealand, please get in touch using the button below.
027 434 5489