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Saturday, April 6, 2013

Dallington Red Zone High Court decision

The interim decision in the recent court case against Tower involving issues about repair v rebuild, and the red zoning of the area, has been released on-line.

The Summary of Findings is reproduced below, and the full judgement can be downloaded from here. While the decision focuses on a Red Zone situation some of the judgement may have relevance for those in the Green Zones where repairs are being assessed and costed.

Some basics from the case so far seem to be (references in brackets are to the sections in the Summary of Findings below):

  • Insurance companies are bound by the terms of their insurance policies and
  • Zoning of areas of land are outside the terms of insurance contracts because the zoning decisions did not cause any physical damage to the property (a, b) and
  • Insurance companies can exercise their discretion on whether to repair, rebuild or offer a payment if this is allowed by the policy (c, e)  and
  • If the insurer elects to repair a property, the pricing for the repair is to be on the basis of doing so on good ground, unless there is a serious intention to build on the existing site (f), and
  • The insurer, in pricing a repair,  is obliged to ensure it’s calculation is reasonable and in accordance with its contractual obligations (e), and
  • The insurer, in offering payment, must offer an amount that is the replacement value, or equates to the actual cost of bringing the house back “to the same condition and extent as when new” under the insurance contract ( c).

The judge’s interim decision is in section (h) below.

For those concerned that the repair being offered by an insurer is inappropriate (e.g. re-levelling) should look at the full judgement starting at para [102].

As always, I am not a legal specialist and may not necessarily have explained this as was intended in the judgement. Consult a legal advisor if this information is important to your claim. Click on the link to continue.

Wednesday, April 3, 2013

IAG updates

IAG have released three updates for their customers. They are:

  • APRIL 2013       Earthquake claimant newsletter
  • MARCH 2013    Canterbury Recovery - typical steps to repair your home
  • MARCH 2013    Canterbury Recovery - typical steps to rebuild your home

The updates are here.

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Tuesday, April 2, 2013

More rebuild information sheets from the Ministry of Business, Innovation and Employment

The Ministry of Business, Innovation and Employment has released a set of Canterbury rebuild information sheets on it’s website (here).

The topics covered are:

  • TC1, TC2, & TC3 foundations [PDF 672 KB, 6 pages] - info sheet published January 2013
  • Questions and Answers: Technical categories - Version 2 [PDF 430 KB, 8 pages] - info sheet published February 2013
  • Information sheet: TC3 foundation options - February 2013 [PDF 506 KB, 2 pages] - info sheet published February 2013
  • Information sheet: Using lighter cladding for your rebuild or repair in TC3 - February 2013 [PDF 578 KB, 2 pages] - info sheet published February 2013
  • Information sheet: Repairing, rebuilding and re-levelling foundations damaged by the Canterbury earthquakes - [PDF 460 KB, 4 pages] - info sheet published March 2013

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Sunday, March 31, 2013

Tribute to Avonside - Holy Trinity Avonside

For those who, like Julie, weren’t able to be in Avonside today.

Holy Trinity Avonside hosted a service of thanksgiving this afternoon remembering and giving thanks for life in Avonside. After the service there was afternoon tea and a wide range of photo boards showing different aspects of Avonside from over the last 100 or more years. Photographs and the order of service are below.

To Rosalyn and the others who organised and supported this tribute, and did many other things for the people of Avonside, thank you. Matthew 25: 38, 40.

Opening Prayer
Click on the link to see more