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Grant Shand Barristers & Solicitors - Newsletter #14
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EQC & Insurance News - Newsletter #14

On 16 December 2016 Gendall J in the judgment in The Southern Response Unresolved Claims Group v Southern Response Earthquake Services Ltd [2016] NZHC 3105 gave approval to the proceedings against Southern Response being brought as a representative action.  The Group currently comprises 41 members who allege that Southern Response engaged in a strategy to improperly minimise its overall financial exposure to Canterbury earthquake claims.  The strategy is detailed in the judgment.  

Gendall J also decided that the litigation funder’s fee was fair and reasonable, but required it to communicate with group members about misleading original advice giving each group member 21 days to withdraw.  Other Southern Response policyholders have until 16 April 2017 to “opt in” to the proceeding.  

The Court declined the Group’s request for Southern Response to provide to them names and contact details of all unresolved Southern Response claimants

Quake Outcasts Appeal to the Surpreme Court

In Quake Outcasts v Minister for Canterbury Earthquake Recovery [2016] NZSC 166 the Supreme Court dismissed an appeal by QO to appeal directly to the Supreme Court from a High Court decision dismissing their judicial review application of the revised compensation offers.  

The court decided there were no reasons to allow the QO to skip the Court of Appeal.

Lawyer liable for no earthquake insurance

The High Court has decided in Witty v Rout [2016] NZHC 3016 that a lawyer is liable for failing to insure a house for earthquake damage as part of administering an estate.  

Ms Hampson died on 15 September 2010, and probate was granted to Messrs Witty and Rout on 4 October 2010.  

The insurance over the property came to an end in November 2010 as the premiums were not paid, so the property was uninsured when it was damaged in the 2011 earthquakes.  Mr Rout was sued in his capacity as executor and also as solicitor for the estate.  He was found liable in both capacities for $205,000 being the difference between the sale price of the damaged house ($175,000) and its repaired value ($380,000) together with wasted costs of $5205.95.

Insurers to take over EQC role for Kaikoura quakes 

Simpler process for settling Kaikoura Earthquake Claims:
 
An agreement between private insurers and the Earthquake Commission (EQC) will simplify how home and contents insurance claims are resolved for people affected by the Kaikoura Earthquake.
 
Under the agreement, private insurers will act as EQC’s agents and receive, assess and settle home and contents claims for earthquake damage from their own customers, even those claims that are under the EQC cap. EQC will assess land damage as land is not covered by private insurance policies.
 
Customers are encouraged to lodge a claim with their private insurer in the first instance. Where customers have already lodged home building or contents claims with EQC, these will be passed onto their insurer by EQC so there is no need for people to make another call.
Tim Grafton, Insurance Council Chief Executive said, “We are approaching this in the spirit of good faith to benefit homeowners who will have their own insurer manage their claim from beginning to end. This will deliver efficiencies for everyone by reducing double handling and speed up settlements.”
 
EQC Chief Executive Ian Simpson said the simplified approach for home and contents claims is an example of how insurers and EQC can work together to improve the claims process for customers.
 

“This approach draws on the experience we have gained from settling hundreds of thousands of claims following the Canterbury, Eketahuna, Cook Strait and February 2016 earthquakes. The new approach will be more efficient and will mean we can make the best use of the country’s loss adjusting expertise to deliver a better result for customers,” he said.
 
The agreement is between the EQC and the Insurance Council of New Zealand’s members who offer home and contents insurance.

The simplified approach will not change customers’ entitlements under their insurance policy or the EQC Act.
 
For more information: 
  • Sarah Knox, ICNZ Communications Manager sarah@icnz.org.nz phone 021 701 678; or
  • EQC media line on 029 978 6430 or media@eqc.govt.nz. 

MOU backgrounder

EQC and Insurers want a good claim experience for people making contents and residential building insurance claims arising out of the Kaikoura earthquake event.

EQC and the Insurers have together worked hard, in urgent circumstances, to identify a basis on which each Insurer can assess and settle EQC claims.

In the time available it has not been possible to think of everything. Regular and timely communication is continuing at a senior and operational level to identify and resolve potential issues as they arise.
 
The following insurers will be appointed as an agent of EQC for their own customers and will be legally responsible, on EQC’s behalf, for lodging, assessing and cash settling certain claims arising out of the Kaikoura earthquake event: 
  • AA Insurance Limited;
  • Farmers’ Mutual Group & FMG Insurance Limited;
  • IAG New Zealand Limited (State, AMI, Lumley, NZI and Lantern brands);
  • Medical Insurance Society Limited (MAS brand);
  • QBE Insurance (Australia) Limited;
  • Tower New Zealand Limited;
  • Vero Insurance New Zealand Limited; and
  • Youi NZ Pty Limited. 
As an agent of EQC, insurers have agreed to act as they normally would as professional managers of claims and in accordance with the EQC Act and EQC’s policies.
Insurers will receive EQC Act training to ensure compliance with the Act.

Any insurer that has not already joined this MOU can join at a later stage by making that arrangement with EQC.
 
All settlements up to the cap (usually $20,000 for contents and $100,000 for home dwelling) paid by the Insurer to a customer are binding on EQC. Upon receipt of an invoice from the insurer, EQC will pay the insurer within five business days.
The following claims are out of the scope of this MoU: 
  • All land claims;
  • All claims relating to properties with prior EQC earthquake claims that are still open or otherwise unresolved (including all outstanding remedial claims, complaints and litigation from the Canterbury Earthquake Events). 
Insurers will identify vulnerable customers and prioritise using the Human Rights Commission’s guidelines for insurers.
 
Insurers will be paid for their claims handling expenses by EQC. These agreements are being negotiated bilaterally between individual insurers and EQC.  EQC will audit claims from time to time to ensure compliance with the EQC Act.  EQC and insurers will obtain appropriate privacy waivers from customers to share information to expedite the customer’s claim.
 
A Steering Group (senior members of EQC and insurers) will: 
  • Have oversight of all aspects of the claims management process, with a view to early identification and resolution of any issues arising in future; and
  • Establish and monitor appropriate KPI’s (e.g. settlement timeframes). 
A protocol will be developed to address how customer complaints will be handled.  At present both EQC and insurers have existing but separate complaints processes. The new process will mean the customer will continue to have access to free, independent dispute resolution.
Grant Shand Barristers & Solicitors Client Christmas Function

We would like to thank all of those who came along to our Client Christmas Function at The Woolston Club in Christchurch, on 15 December 2016.  

It was great to be able to mingle with you all and put some faces to names. 

Victoria got some great shots of the evening. These are posted in an album on the Grant Shand Barristers & Solicitors Facebook page. Be sure to tag yourself!!


We would like to wish you all a Merry Christmas and a Happy New Year - stay safe and we will talk to you in 2017.  

Our offices are closed from the 23rd of December 2016 to 9 January 2017.  Any urgent queries, please telephone Grant on 027 434 5489. 
Introducing: Olga Garin - Solicitor 

Olga graduated with an LLB/BCom (Operations Management) in May 2015 from University of Auckland. She was admitted to the bar in April 2016.

Prior to joining the Grant Shand team, Olga worked as a tax consultant for a large accounting and financial services provider

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Grant Shand Barristers & Solicitors
0800 474 263
www.grantshand.co.nz






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Grant Shand Barristers & Solicitors · Level 2, 26-28 Hobson Street Towers · Hobson Street · Auckland, Auk 1140 · New Zealand

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