Canterbury earthquake residential damage, limitation period looming

The Limitation Period issue for some claims for earthquake damage to residential property is looming.  Are you affected? 

4 September 2017 is a potential deadline for some homeowners to file claims in Court to protect their claim for earthquake damage to their homes/ residential rental properties, even if their claims are still with EQC.  

Depending on the insurer at the time of the September 2010 earthquake, if you have an unresolved claim and have not received written confirmation from your insurer that they will not plead the Limitation Act as a defence to your claim, this may be a significant issue for you. If they successfully plead the Limitation Act as a defence, that means your claim against them would be at an end, because of how much time has elapsed since the September 2010 quake.

 If you have unresolved damage to your residential property arising from the September 2010 earthquake, we would urge you to contact us to discuss what steps you may need to take to ensure your insurer cannot ‘walk away’ from your claim after 4th September 2017 on the basis of expiry of the limitation period.

This is particularly the case if you were insured with AA, FMG, MAS or Vero. Other insurers (including Southern Response, IAG and Tower) have indicated that they are working to a later date, but we would recommend that you discuss your particular situation with one of our helpful team. This also applies if your claim is still with EQC.

If you'd like to know more, please get in touch with  our helpful team.