The Canterbury Earthquakes Insurance Tribunal opened on 10 June 2019 and is yet to make any decisions on the claims before it.
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Case stated / application for referral of question of law to High Court / whether insurer’s obligation to pay repair cost of house to policy standard includes obligation to pay reasonable cost required to remedy defective repair work / insured’s claim for earthquake damage to house accepted / repair work completed & insurer paid full contract price / repair work defective / insured claims insurer should pay for cost of bringing house up to policy standard by repairing damage & rectifying defective repairs / Canterbury Earthquakes Insurance Tribunal Act 2019, s 53 / question one of contractual interpretation & so a question of law / question addresses primary cause of action raised against insured & requires urgent determination in High Court / positive or negative answer would lead to speedier & more cost effective outcome for insured / case stated likely to be provide important benefits, not only for insured, but for many other homeowners / application granted.
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Application / applicant claims property experienced differential settlement of foundations, interior and exterior cracking, and chimney damage due to earthquakes / referred for acceptance / Canterbury Earthquakes Insurance Tribunal Act 2019, section 8 / section 9 / section 13 / section 17 / section 46 / application must meet section 8 criteria / namely: at time of damage by qualifying earthquake applicant was property owner and property insured in applicant’s name; there is a dispute between applicant and an insurance company or Earthquake Commission (EQC) regarding damage claim; building was either residence or at least fifty per cent of building was used as a residence; and one of parties to claim is either EQC or an insurance company / proceedings in another forum will render application ineligible unless proceedings transferred to Tribunal, as per section 17(c) / applicant party to insurance claim in High Court, appealed to Court of Appeal / higher court proceedings involved same ...
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Procedural order / second respondent seeking further particulars of claim / response filing deadline extension / first case management conference deferral / Canterbury Earthquakes Insurance Tribunal Act 2019, s 15 / written response and support documents to be filed within 15 working days of service, as per s 15 / extension may be directed by Tribunal / extensions to be sought by memorandum and will be determined as without notice application, as per amended Practise Notes / respondents unable to file detailed response due to lack of application clarity / should file pro forma response and orally request further particulars at first case management conference / second respondent not involved in EQC Protocol 1 repairs as expected costs under EQC cap / claim requires commission and consideration of expert reports and other document before claim response possible / however, Tribunal not a pleadings based process / imperative to be fair, speedy, flexible and cost-effective process / discov...