Statute of limitation for claim & also change in District Court limit
FYI Just had the following from my lawyers newsletter.. Not sure though what happens about/where that leaves botched repairs/re-repairs - suggest you get legal advice
"Limitation: TIME RUNNING OUT ON CLAIMS"
"Last year insurers issued statements about dates on which they would rely on a defence under the Limitation Act(s) that require court proceedings to be brought within 6 years on which a homeowner could first sue otherwise the claim is no longer enforceable. Those dates are fast approaching."
"AA, Vero, FMG, MAS, and the IAG brands agreed not to plead a limitation defence for any residential earthquake damage claim where proceedings are filed in Court before 4 September 2017. Southern Response will not rely on a limitation defence until 4 September 2018. If an insured does not sue before these dates the claim dies. This includes claims that are under cap, but may go over cap post limitation expiry. Insureds ought to prepare to sue now."
"District Court limit now $350,000.00
"
"On 1 March 2017 the District Courts Act 2016 came into effect. The District Court can now accept claims up to $350,000 rather than the previous $200,000.
This will enable many insurance/EQC earthquake claims to be filed in the District Court with its cheaper filing fee ($200 vs $1350). The District Court also operates a fast track for earthquake claims shortening time frames for events"
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