The application of the 6 year limitation period under the Limitation Act(s) to claims arising out of the Canterbury earthquakes has resulted in differing positions by insurers and EQC as to how they will respond to claims. Some take the view that the 6 year period starts on the date of the property damage; whereas others say that it is not until there is a denial of liability or purported settlement. In Globe Church Incorporated v Allianz Australia Insurance Ltd & anor  NSWCA 27 the New South Wales Court of Appeal by a 3:2 margin said that the cause of action accrued on the damage to the property. This was supposedly consistent with the UK position. The Court expressly identified that there could be circumstances where liability had a pre-condition. It is arguable that in relation to an insurer it is a pre-condition that EQC meet its liability.
0 0 Grant Shand Grant Shand2019-03-20 04:05:262019-03-20 04:05:26Property Insurance and Limitation