13 May 2016

EQC Repair Obligations

The EQC and the EQC Action Group have recently released a joint statement clarifying the principles that guide the EQC’s assessment and settlement of building claims under the Earthquake Commission Act. Read more to see whether this may affect your claim.

On 28 April 2016 EQC and the EQC Action Group released a joint statement.  The joint statement was in settlement of High Court proceedings filed by the Action Group seeking declarations to clarify the extent of EQC’s liability under the Earthquake Commission Act 1993 for earthquake damage to the houses owned by members of the Action Group.

The joint statement addresses the standard to which reinstatements should be carried out, a clarification regarding EQC’s obligations when repairs are necessary to undamaged parts of a house, use of the MBIE guidelines and cash payments.

As the joint statement is made by EQC and specifically relates to EQC’s obligations under the Act, it will not be binding on insurance companies, whose obligations are determined by the policy wording.

If you have any concerns about the payment you have received from EQC to settle your claim, or the work that was carried out on behalf of EQC to repair the earthquake damage to your house, please contact our insurance team on (03) 377-4470 to discuss.  We can also assist you with any issues arising from your entitlements under your insurance policy.

Read Joint Statement

The above information is of a general nature only. You should contact our firm for advice relating to your specific circumstances.

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