the insurance fiasco

"Highlighting the inadequacies of the way in which the earthquakes of 2010-2012 were handled by the insurance industry! "

Coming into Year 10 – post Christchurch Earthquakes and still…

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With Christmas just round the corner it is only fitting to make mention of the many Cantabrians still in the middle of insurance disputes – as we rapidly approach year 10 since the initial event. Can you imagine the energy that is required to keep up this fight for ten years!!!?

Below is a small sample list compiled directly from the ‘Christchurch High Court Litigation List’. The list is publicly available and current as of 13th December 2019. The table I have created below is by no means a complete list of all those people still in dispute with their insurers. There are many more names on the actual High Court list (which you can access at https://www.courtsofnz.govt.nz/the-courts/high-court/high-court-lists/earthquake-list-christchurch/EQlist13Dec.pdf or search for the Earthquake List Christchurch). In fact there are 129 pages of cases since 2011. Of course, many of those cases were settled out of court.  Take a look for yourselves!

The year to 30 September 2018 saw an average of 21 proceedings filed per month.
2019 saw a decrease in new filings due principally to the expiry of the extended limitation periods agreed to by a number of insurance companies.  Only a limited number of claims are being dealt with by the Greater Christchurch Claims Resolution Service and the Canterbury Earthquakes Insurance Tribunal. Since the list began, 916 cases have been settled or discontinued by the parties. The number of active cases now stands at 322 (down from 558 on 30 September 2018). Of the 322 cases, 23 are set down for trial.

Reading between the lines, the information indicates which insurers are most active in the courts, as well as which legal firms represent plaintiffs and which defendants. It also shows those insurers most likely to transfer the dispute to the new Canterbury Earthquake Insurance Tribunal (https://www.stuff.co.nz/the-press/news/113522039/new-tribunal-launches-to-resolve-longrunning-earthquake-insurance-disputes

The Christchurch High Court Litigation List by no means represents the only group in Christchurch still awaiting insurance claim resolution – there are many more battling away behind the scenes.

I want to take this opportunity to wish all of you, still fighting for your rights,  a truly Merry Christmas – I feel great empathy with you in your plight!

Please take a few days off to enjoy with your families and I hope that 2020 brings resolution. And remember that you are not forgotten!

Case Name

Nature of Claim

Date filed

Plaintiff and Defendant Lawyers

Stefan Ganev and Amanda Ganev v Southern Response Earthquake Services Limited Property at Happy Home Road, Westmorland, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Southern Response. The plaintiffs entered into a settlement agreement with the defendant for a fixed sum. However in the course of repairing the damage the plaintiffs claim the defendant misrepresented the scope of the damage which the plaintiffs say costs substantially more to repair. Plaintiffs seek judgment for misrepresentation and breach of contract, damages, costs and interest 17/09/2019 Karl Robinson and Tiffany Sauni:- Shine Lawyers, Plaintiffs Susan Rowe, Buddle Findlay, Defendant
Robert Bernard Snow and Daphne Marie Snow v IAG New Zealand Limited Property at Mattingley Street, Aranui, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. A claim was lodged with Iag and IAG undertook reparis on the property via an agent. The plainitffs claim the repairs are defective and will cost $386,620 to remediate. Plaintiffs claim judgment, general damages, cost of temporary accomodation, interest and costs. 26/07/2019 Grant Shand, Barrister, plaintiffs Peter Leman and Matthew Booth, DLA Piper, Defendant
Sheree Dawn Hobbs, Glennis May Hobbs and Warwick Hobbs v Earthquake Commission and Southern Response Earthquake Services Limited Property at Quinns Road, Shirley, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Southern Response. The plaintiffs say claims were made with the defendants and some of the damage has been repaired. However not all of the damage has yet been repaired. Plaintiffs claim a breach of the Act against the first defendant and seek an order, general damages, costs and interest. Plainitffs claim against the second defendant a declaration, costs and interest. 15/07/2019 Karl Robinson and Tiffany Sauni:- Shine Lawyers, Plaintiffs Susan Rowe, Buddle Findlay, Second Defendant
Benjamin Kelly West and Tine Dahlmann and B K West Properties Limited v Vero Insurance New Zealand Limited Four properties, two at Huntsbury Avenue, Huntsbury and two at Wilding Street, St Martins, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. Plaintiffs claim breach of contract and loss and seek a declaration, judgment, costs, interest and damages 26/06/2019 Chris Shannon and Laura McLoughlin-Ware, Duncan Cotterill, plaintiff Peter Hunt and Sandy Percival, McElroy’s, defendant
Canterbury Jockey Club Incorporated v IAG New Zealand Limited and Vero Insurance New Zealand Limited Property at Riccarton Park Racecourse, Sockburn, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under both IAG and Vero. The parties engaged in an expert determination process but this did not result in settlement of the claim. Plaintiff claims breach of the policy, breach of good faith and a breac of implied terms in the policy. Plaintiffs seek a declaration, damages for loss, interest and costs. 24/05/2019 Garth Gallaway, Chapman Tripp, plaintiff Shane Swinerd, DLA Piper, first and second defendants
Inico Limited v Tower Insurance Limited Property at Cashel Street, Christchurch Central. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Tower. Property was demolished and rebuilt. Plaintiff alledges the defendant has not paid the full replacement costs for the rebuild of the property . Plantiff claims judgment, interest and costs. 9/04/2019 Emily Walton and Stephanie Woods, Wyn Williams, plaintiff [Awaiting statement of defence]
Body Corporate 63949 v Vero Insurance (NZ) Ltd Property at Hewitts Road, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. The plaintiff lodged a claim and EQC advised it was over the statutory cap. The defendant disputes this and no repairs have been undertaken. Plaintiffs claim the defendant is in breach of the policy and claim a declaration, interest and costs. 28/03/2019 Stuart Stock, White Fox Jones, plaintiffs Cecily Brick and Andrew Durant, Fee Langstone, defendant
Robert James Hull, Lucy Alison Atkinson and Peter Cranney as trustees of the Phineas Trust v Earthquake Commission and AA Insurance Limited Property at Cornwall Street, St Albans. Damaged as a result of the Canterbury Earthquake Sequence. Policy under AA Insurance. The property was on sold to the plaintiffs and an assignment of rights executed. The owners at the time of the Earthquakes lodged claims for the damage. EQC paid these and deemed one claim over cap. The plaintiffs claim the repairs were defective and seek a declatation that EQC is in breach of its statutory duties, damages and costs. The plaintiffs claim AA Insurance is in breach of its policy as they failed to properly assess, reinstate and repair all earthquake damage. The plaintifs seek a declaration, damages, an order for temporary accomodation costs and costs from AA Insurance. 28/03/2019 Peter Woods and Lisa Taylor, Anthony Harper, plaintiffs Nathaniel Walker, Russell McVeagh, first defendant Peter Hunt and Sandy Percival, McElroys, second defendant
Arthur Bryden Sims Black and Catherine Vivienne Sherriff Black v Vero Insurance New Zealand Limited and IAG New Zealand Limited Property at Garden Road, Merivale, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under both Vero and IAG. Plaintiffs have been paid out by EQC and have begun architectural works for the repair and rebuild of the property and claim reimbursement of these professional fees from the defendants. No agreement on the scope of works has been reached and the plaintiffs seek a declaration as to the scope, costs and damages. 27/03/2019 Paul Cowey, Parry Field Lawyers, plaintiffs Peter Hunt and Emily Ferguson, McElroys, defendants
Pierre Kickhefer and Patricia Kickhefer v Southern Response Insurance Services Limited Property at Chalfrod Street, Brooklands, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Southern Response who accepted the claim. A Design Rebuild Analysis has been completed but the parties do not agree on the repair methodology. Plaintiffs claim the defendant is in breach of the policy and their duty of good faith. Plaintiffs seek judgment or a declaration, damages and costs. 8/03/2019 Ben Walker, Canterbury Chambers, plaintiffs Susan Rowe, Nuddle Findlay, defendant
Boris Eduardovich Trochine and Scott Anderson Massie v Earthquake Commission and Vero Insurance New Zealand Limited Property at Purple Peak Road, Akaroa. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. The plaintiffs made claims and subsequently repaired the earthquake damage themselves as agreement could not be reached between the parties. The plaintiffs claim judgment for the sum of their loss, additional costs accrued and a declaration alongside damages, costs and interest 8/03/2019 Chris Shannon and Sarah Henderson, Duncan Cotterill, plaintiffs Vincent Schumacher, Chapman Tripp, first defendant Peter Hunt and Rachel Scott, McElroys, second defendant
Stephen William Barrow and Robert Wayne Seebeck v Earthquake Commission (Discontinued) and Vero Insurance New Zealand Limited Property at Worsleys Road, Cracroft, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. While EQC considers the plaintiff’s claim settled, the plaintiff disputes this and allege EQC has breached its statutory obligations. The plaintiffs lodged two claims with Vero. One claim has been accepted by Vero, another has not. The plaintiff claims Vero has breached its contract and claim the sum of loss, interest and costs. 6/03/2019 Ben Russell, Lane Neave, plaintiffs Cecily Brick, Fee Langstone, Second Defendant
Body Corporate 328564 v Vero Insurance New Zealand Limited Property at Durham Street, Central City. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. A claim was made with Vero who accepted the claim. The parties have instructed experts who have done independent reports and have conferred. To date, the parties are unable to agree upon a scope of works. The plaintiff seeks a declaration and costs. 27/02/2019 Stephen Rennie, Rhodes and Co, plainiffs Peter Hunt and Sandy Percival, McElroys, Defendant
Susan Elizabeth Bryden v IAG New Zealand Limited Property at Scarborugh Road, Sumner. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. The plaitiff made claims with EQC that have been settled. The plaintiff and defendant have been unable to agree upon a scope of works for the repairs. The plaintiff claims a breach of the policy and seeks a declaration, damages and interest. 28/02/2019 Jai Moss and Gary Davis, St Asaph Chambers, plaintiffs Peter Leman, DLA Piper, Defendant
Jillian Therese Coats and Graeme Bruce Coats v FMG Insurance Limited Property at Stratford Street, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under FMG Insurance Limited. The plaintiffs lodged a claim that was accepted by the defendant. The plaintiffs alledge the defendant has failed to scope the repair of the property properly and that significant work is required to reinstate the property to the policy standard. 28/02/2019 Ben Walker:- Canterbury Chambers, Plaintiffs [Awaiting statement of defence]
Aniseed Limited v IAG New Zealand Limited Property at Rhodes Street, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. Plaintiffs received a pay-out from EQC. Both the plaintiff and defendant have obtained differing scope’s of works. The plaintiff cliams the defendant’s scope of works would not comply with the defendant’s obligations under the policy. The plaintiff claims a breach of contract, declaration, damages, interest and costs. 30/01/2019 G Gallaway and W Hamilton, Chapman Tripp, Plaintiffs Catherine Jamieson, Young Hunter, Defendant
Aniseed Limited v IAG New Zealand Limited Property at Rhodes Street, Merivale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. Plaintiffs received a pay-out from EQC. Both the plaintiff and defendant have obtained differing scope’s of works. The plaintiff cliams the defendant’s scope of works would not comply with the defendant’s obligations under the policy. The plaintiff claims a breach of contract, declaration, damages, interest and costs. 30/01/2019 G Gallaway and W Hamilton, Chapman Tripp, Plaintiffs Catherine Jamieson, Young Hunter, Defendant
Michael Jeremy Poff and Clare Jane Docherty as trustees of the Kia Kaha Trust v IAG New Zealand Limited Property at McGregors Road, Linwood. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. EQC determined the claim is over cap and IAG have not yet settled the claim. Plaintiffs claim the building should be rebuilt and that IAG have breached the policy. Plaintiffs seek a declaration, general damages and costs. 29/01/2019 P Woods and L Taylor, Anthony Harper, Plaintiffs Sara Battersby, DLA Piper, Defendant
Matthew James Terry and Kiri Jane Terry v Earthquake Commission and IAG New Zealand Limited Property at Sawyers Arms Road, Bishopdale. Damaged as a result of the Canterbury Earthquake Sequence. Policy under IAG. Plaintiffs made a claim with EQC fllowing the Canterbury Earthquakes. In 2014 EQC repaired the property as specified in the scope of works. Plaintiffs alledge the repairs failed to properly repair the damage. Plaintiffs claim EQC breached its obligations under the Act and IAG breached its obligations to repair the house to the standard set out in the policy. 10/01/2019 E Farrell and K Robinson, Shine Lawyers, Plaintiffs Nathaniel Walker, Russell McVeagh, First Defendant Catherine Jamieson, Young Hunter, Second Defendant
Janenette Lee Taylor v Tower Insurance Limited Property at Weir Place, Christchurch. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Tower. Plaintiff lodged claims that were accepted by the defendant. Plaintiff claims the defendnat has refused to meet its obligations under the policy by not settling the plaintiffs claim. The plaintiff claims judgement of remediation costs of $669,591.34, temporary accomodation expenses of $15,000.00, General dagaes, interest and costs. 21/12/2018 Grant Shand, Grant Shand Barristers and Solicitors, Plaintiff Sarah Alawi, Gilbert Walker, Defendant
Phyllis Mary McClintock v Vero Insurance New Zealand Limited and Earthquake Commission and Image Construction Limited Property at Godley Drive, Scarborough. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. Plaintiff made claims with EQC but alledge the Third Defendant did not repiar all contained in EQC’s scope . Plaintiff also alledges the EQC repairs were insufficient to remediate the property. Plaintiff claims repair costs, declaration, costs and interest against the defendants. 20/12/2018 G Ryan, White Fox Jones, Plainitff Peter Hunt, McElroys, First Defendant Ayleath Foote, Duncan Cotterill, Third Defendant
Jason Lasini and Ainsley Fleur Lasini v Earthquake Commission and Vero Insurance New Zealand Limited Property at Shortland Street, Wainoni. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Vero. Plaintiffs alledge EQC scope of works does not meet EQC’s obligations under the Act. Plaintiffs claim damages, costs and interest against EQC. Plaintiffs alledge Vero has breached its obligations under the Policy and the plaintiffs have subsequently sufferred loss. Plaintiffs claim an order for specific performance or a declaration, costs and interest. 7/12/2018 Tandy Gwaze-Musesengwa & Karl Robinson, Shine Lawyers, Plaintiff; Nathaniel Walker, Russell McVeagh, First Defendant Sandy Percival, McElroys, Second Defendant
Christopher Peter Miles and Lana Dianne Docherty v Earthquake Commission and Tower Insurance Limited Proeprty at Williams Street, Kaiapoi. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Tower Insurance Limited. Plaintiff made a claim with the Earthquake Commission but alledges EQC’s scope of works breaches its obligations under the Act. Plaintiff claims damages, costs, general damages and interest against EQC. Plaintiff alledges the second defendant has breached its obligations under the policy. Plainitiff claims an order for specific performance or a declaration, costs and interest against Tower Insurance Limited. 7/12/2018 Tandy Gwaze-Musesengwa & Karl Robinson, Shine Lawyers, Plaintiff; Nathaniel Walker, Russell McVeagh, First Defendant Lucy McGillivray and Matthew Harris, Gilbert Walker, Second Defendant
IAG New Zealand Limited, as asignee of the rights of Stanley Neville Ronald Gane and Julian Mary Gane; Marion Gwenneth Archer and Andrew Forbes Davidson; Jacquelin Lowe as executor of the estate of Marjorie Isabel Apperley and IAG New Zealand Limited and Stanley Neville Ronald Gane and Julian Mary Gane; Marion Gwenneth Archer and Andrew Forbes Davidson; Jacquelin Lowe as executor of the estate of Marjorie Isabel Apperley v Kirk Roberts Consulting Engineers Limited and Site Solutions (2013) Limited and Christchurch City Council and Civil Construction Limited and QBE Insurance (Australia) Limited and Andrew John Bannock Property at Main Road, Mt Pleasant. Damaged as a result of the Canterbury Earthquake Sequence. Policy with IAG. The insured customers of IAG made claims under their respective policies and later assigned their rights to IAG. The defendant’s were contracted to repair the property. The plaintiff claims a total of twelve causes of action against the defendant’s including negligence, negligent misstatement, breach of the Consumer Guarantees Act and breach of contract. Plaintiffs seek judgment for losses incurred, interest and costs. 6/12/2019 Paul Smith and Dana Beissel, Duncan Cotterill, Plaintiffs Michael Parker, Parker Cowan, First Defendant Tony Johnson, Martelli McKegg, Second Defendant Sarah Macky, Heaney Partners, Third Defendant Riki Donnelly, Preston Russel Law, Fourth Defendant Scott Galloway, Hazelton Law, Fifth Defendant Ben Russell and Mike King, Lane Neave, Sixth Defendant
Wayne Peter Sanderson, Gary Neil Sanderson and Paul Joseph Rutledge as trustees of the No Money No Honey Family Trust v IAG New Zealand Limited and Vero Insurance New Zealand Limited and Allianz New Zealand Limited Property at Dalziel Place, Christchurch. Damaged as a result of the Canterbury Earthquake sequence. Policy under IAG (47.5%), Vero (35%) and Allianz (17.5%). The plaintiff made a claim after the Canterbury Earthquake Sequence which was accepted. The defendant’s engaged Hawkins to project manage the reapirs. The plaintiffs claim the repairs were insufficient to properly remediate the damge in accordance with the policy. The plaintiffs seek judgment by way of a declaration the defendant’s are liable to pay the cost of correcting the repairs and damages, interest and costs for the defendants alledged breach of good faith. 15/11/2018 G Ryan, Whhite Fox Jones Lawyers – plaintiffs Nick Lang and Aaron Sheriff, Duncan Cotterill, defendants
Gary Neil Sanderson, Paul Joseph Rutledge and Thi Bac Nguyen and Gary Neil Sanderson v Tower Insurance Limited Property at Tuawera Terrace, Clifton. Damaged as a result of the Canterbury Earthquake Sequence. Policy under Tower. Plaintiffs alledge defendant has not paid the present day value of the improvements as elected under the policy and has not accepted all the repair works are necessary. Plaintiffs claim a declaration, interest and costs. 2/11/2018 G Ryan, White Fox and Jones, Solicitor, Plaintiffs Peter Whiteside QC, Barrister, Plaintiffs M Smith, Gilbert Walker, Defendant
David James Alexander, Katrina Jane Alexander and Estuary Trustees Limited as trustees of the Daka Trust v Southern Response Earthquake Services Limited Property at Quarry Road, Mount Pleasant. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI. Plaintiffs purchased property in April 2015 and entered into Deed of Assignment transferring EQC claims from the previous owners to the plaintiffs. Repair work was undertaken on behalf of the defendant prior to plaintiffs purchasing property. The plaintiffs say the defendant is in breach of its policy obligations as the repair works were not carried out in accordance with the policy. The plaintiffs wish to reinstate the earthquake damage in accordance with their entitlements as assignees of the claims. The plaintiffs seek a declaration that the claims have been validly assigned to the plaintiffs, that the defendant will pay the costs incurred in repairing the property, an order for payment of temporary accommodation costs and general damages (plus interest and costs). 25/09/2018 Peter Woods and Lisa Taylor: Anthony Harper, Plaintiffs Peter Leman and Jeremy Thomson:- DLA Piper, Defendant
David Michael Bennett and Sarah Jane Byrne as trustees of the David Bennett and Sarah Byrne Family Trust v Earthquake Commission and Medical Assurance Society New Zealand and Medical Insurance Society Limited Property at Plynlimon Road, Fendalton. Damaged as a result of the Canterbury earthquake sequence. Policy under Medical Assurance Society. Deed of Assignment signed January 2016 assigning plaintiffs all benefits under original claims. The plaintiffs say the first defendant’s repair works were incomplete and incompetent. Further damage in 14 February 2016 earthquake. The plaintiffs say the defendants have breached their statutory and policy obligations and seek judgment in the sum of reinstatement costs(to be determined at trial) (plus interest and costs) from each defendant. Alternatively, the plaintiffs say the first defendant was negligent in its breach of its duty of care to the plaintiffs and seek judgment in the sum of the balance of the reinstatement costs (plus costs and interest) against the first defendant. 4/09/2018 Simon Munro and Rachel Pfahlert:- Anderson Lloyd, Plaintiffs Nathaniel Walker, Russell McVeagh, First Defendant Andrew Horne and Olivia De Pont:- Minter Ellison, Second Defendant
Karen Gale Goodmanson v IAG New Zealand Limited and Buildtech Restorations Limited Property at Endeavour Street, North New Brighton. Damaged as a result of the Canterbury earthquake sequence. Policy under IAG. Second defendant was engaged by the plaintiff to undertake building works to the property pursuant to the policy. The plaintiff says the first defendant has been notified of the inadequate repairs but has rejected any liability and has failed/refused to discharge its obligations to the plaintiff under the policy (amongst other alleged failures). The plaintiff seeks judgment for the sum to repair the home to an as new condition or alternatively a declaration that the first defendant must perform its obligations under the policy and repair the home to an acceptable standard plus $20,000 general damages (and interest and costs) against the first defendant. The plaintiff says the second defendant breached its repair contract by completing the works to a poor standard of workmanship (amongst other alleged failings). The plaintiff seeks judgment for the amount to repair the damage attributed to poor workmanship and $10,000 general damages (plus costs). 31/08/2018 Holly Weston:- Canterbury Legal, Plaintiff David Ballanty:- Counsel instructed for plaintiff Brad Cuff/Linda Hui: – DLA Piper, First Defendant Alex Summerlee/Paul Cowey: Parry Field Lawyers, Second Defendant
Istvan Temesvari, Carol Anne Hannagan and Madonna Gretta Cherry v Southern Response Earthquake Services Limited Property at Ensors Road, Opawa. Damaged as a result of the Canterbury earthquake sequence. Policy under AMI. The plaintiffs say the defendant has failed/refused to meet its obligations under the policy by failing to propose a remediation strategy to remediate the house to an “as new” condition (amongst other alleged breaches) and seek reinstatement costs and general damages (plus interest and costs) against the defendant. Alternatively, the plaintiffs seek a declaration that the defendant is liable to pay to the plaintiffs the full replacement costs of remediating the house to an as new condition and general damages (plus costs and interest). 3/09/2018 Grant Shand:- Plainitffs David Friar and Morgan Powell – Bell Gully, Defendants
Peter Colin Banks and Jill Marie Banks v Earthquake Commission (Discontinued) and Southern Response Earthquake Services Limited Property at Warrington Street, Saint Albans. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury earthquakes. Policy under AMI. The Plaintiffs say the first defendant has breached its obligations as it has failed to indemnify the plaintiffs as required by the EQC Act and seek an order that the first defendant pays damages in the sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiffs say the failure by the second defendant to agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek an order for specific performance or a declaration that the second defendant must pay the costs when incurred (plus costs and interest). 30/08/2018 Eoin Farrell and Karl Robinson:- Shine Lawyers, Plaintiffs Nathaniel Walker, Russell McVeagh, First Defendant Morgan Powell, Bell Gully, Second Defendant
Aaron John Fear-Ross, Andrea Fear-Ross and Landley Trustees Limited as trustees of the AJ and A Fear-Ross Family Trust v Earthquake Commission (Discontinued) and Southern Response Earthquake Services Limited Property at Aylmer Street, Somerfield. Damaged as a result of 4 September 2010 and 22 February 2011 Canterbury earthquakes. Policy under AMI. The Plainitffs say the first defendant has breached its obligations as it has failed to indemnify the plaintiffs as required by the EQC Act and seek an order that the first defendant pays damages in the sum of $115,000 (per earthquake event) (plus costs and interest). The plaintiffs say the failure by the second defendant to agree to pay the costs when incurred to reinstate the house is a breach of its policy obligations and seek an order for specific performance or a declaration that the second defendant must pay the costs when incurred (plus costs and interest). 30/08/2018 Andi Fear-Ross, Self Represented Nathaniel Walker, Russell McVeagh, First Defendant Annie Cao, Buddle Findlay, Second Defendant

See https://www.courtsofnz.govt.nz/the-courts/high-court/high-court-lists/earthquake-list-christchurch/20190930CELLR.pdf

Author: Sarah-Alice Miles

Love to write and create - these days living in the Netherlands. 'Art allows us to find ourselves and lose ourselves at the same time'.

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