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2 July 2018

Southern Response Limitation Position

Southern Response has recently announced how it will approach the limitation period and limitation defence after 4 September 2018.

Southern Response has previously publically advised that it will not rely upon a limitation defence for claims arising out of the Canterbury Earthquakes where any court proceedings are filed before 4 September 2018.  As this timeframe is about to expire, Southern Response has now confirmed how it will approach the limitation period and limitation defence.

Southern Response’s CEO, Anthony Honeybone, has advised that after 4 September 2018 Southern Response may rely on a limitation defence and will treat the limitation period as running:

  • Where a claim under the AMI policy has been settled, from the date Southern Response settled that claim.
     
  • Where a claim under the AMI policy has not yet been settled, from the date when Southern Response settles or declines that claim.
     
  • Where a claim under the AMI policy is declined, from the date that Southern Response declines the claim.
     
  • Where Southern Response has written a letter to our customer advising that Southern Response made its final decision on the claim under their AMI policy and in our opinion the limitation period has commenced, from the date of that letter.

The full press release is available here.

If you have any concerns about how the above may affect your Southern Response claim, please contact our insurance team on (03) 377-4470 to discuss.

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

Melissa Borcoski

About Melissa Borcoski

Melissa is head of our Litigation Team and specialises in commercial and civil litigation. She has specialist expertise in insurance law having acted for both insurers and policyholders throughout her career.

View all posts by Melissa Borcoski
Tyler Brown

About Tyler Brown

Tyler is a member of our Litigation Team, focusing on commercial and civil litigation matters. He also has specialist knowledge in insurance law and has significant experience in dealing with insurance claims arising out of the Christchurch earthquakes.

View all posts by Tyler Brown