Selwyn_Times: July 06, 2022
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<strong>Selwyn</strong> <strong>Times</strong> Wednesday <strong>July</strong> 6 <strong>2022</strong><br />
Legal Matters<br />
Do you qualify for a “top<br />
up” settlement payment<br />
from Southern Response?<br />
If you settled an earthquake<br />
insurance claim with AMI or Southern<br />
Response before 1 October 2014,<br />
then you may be entitled to further<br />
compensation from Southern<br />
Response.<br />
As a result of court proceedings<br />
(Southern Response v Dodds),<br />
Southern Response was held to have<br />
misled its insureds by withholding<br />
the true costs to repair or rebuild an<br />
earthquake damaged house.<br />
When settling claims before October<br />
2014, for each house Southern<br />
Response prepared a “Detailed<br />
Repair/Rebuild Analysis” (DRA)<br />
which set out the cost of repairing<br />
or rebuilding. This DRA was<br />
disclosed to homeowners. However,<br />
Southern Response prepared a<br />
second, internal DRA that was<br />
never disclosed to homeowners<br />
which included professional fees,<br />
project management costs, and a<br />
contingency allowance, all as part<br />
of the total costs to repair or rebuild<br />
the damaged house, that were not<br />
included in the DRA provided to<br />
homeowners.<br />
The High Court held that not<br />
disclosing the true costs of repairing<br />
or rebuilding the house was<br />
misleading and that the amount of<br />
the non-disclosed costs should be<br />
paid out to the homeowner who took<br />
the case. They received $178,894.30.<br />
This decision was upheld despite<br />
Southern Response appealing to the<br />
Court of Appeal. Southern Response<br />
has now accepted that it will<br />
compensate other homeowners who<br />
cash settled with Southern Response<br />
and who did not receive the full repair<br />
or rebuild costs.<br />
You may be one of approximately<br />
3000 homeowners eligible for a<br />
further ‘top-up’ payment package<br />
from Southern Response if you owned<br />
a home:<br />
- That was Insured with AMI; and<br />
- Was damaged in the 2010-2011<br />
Canterbury earthquake sequence;<br />
and<br />
- You settled your insurance claim<br />
with AMI or Southern Response before<br />
1 October 2014.<br />
We have an experienced litigation and<br />
insurance team, with our specialist<br />
staff being experts with earthquake<br />
insurance claim processes and<br />
resolving claims, having worked for<br />
both insurers and insureds in this<br />
area for many years.<br />
To be eligible for an offer, you need<br />
to register with Southern Response<br />
by April 2023. If you think you<br />
might be eligible or want more<br />
information, please get in touch with<br />
us at insurance@tp.co.nz. Southern<br />
Response will contribute towards your<br />
legal costs.<br />
14<br />
LETTERS<br />
Chlorination should<br />
be a last resort<br />
I DO not agree with blanket chlorination<br />
across the district. Some supplies have<br />
secure groundwater and low risk,<br />
whereas others have high risk, such as<br />
the restricted supplies that could have<br />
backflow issues. It needs to be on a caseby-case<br />
basis based on risk assessment.<br />
Chlorine should be a last resort and only<br />
if a residual is required in the reticulation<br />
system. Cartridge or membrane filtration<br />
and/or UV are better options without<br />
leaving a bad taste.<br />
-Rob Potts<br />
Darfield<br />
Hospital<br />
Ellesmere Hospital has been a vital part<br />
of the community for many more than the<br />
44 years that I have lived in Southbridge.<br />
Two of my children were born there,<br />
and in later years it has been a muchneeded<br />
place for patients needing respite<br />
and end-of-life care.<br />
The convenience of a local hospital<br />
meant that families who were unable to<br />
travel large distances could spend time<br />
with their loved ones and knew that they<br />
were receiving the best care.<br />
The hospital created employment for<br />
local residents, who also knew many of<br />
the local patients who were in their care.<br />
I, along with many others would be very<br />
sad for the district to lose our hospital.<br />
-Helen Carter<br />
Southbridge<br />
CHLORINATION: The Water Services<br />
Act 2021 requires all councils<br />
to be able to chlorinate public<br />
drinking water supplies and begin<br />
chlorination by November 15, unless<br />
they have an exemption.<br />
We want to hear your views on<br />
the issues affecting life<br />
in <strong>Selwyn</strong><br />
Send emails to:<br />
barry@<br />
starmedia.kiwi<br />
Letters may be edited or rejected at Star<br />
Media’s discretion. Letters should be about<br />
200 words.<br />
A name, postal address and phone number<br />
should be provided.<br />
Please use your real name, not a nickname,<br />
alias, pen name or abbreviation.<br />
MEARES WILLIAMS<br />
LAWYERS<br />
Over 10 Years in <strong>Selwyn</strong><br />
Belinda Ferguson<br />
Maddy France<br />
Kieran Heenan<br />
Olivia Johnston<br />
Anita Molloy-Roberts<br />
W: www.meareswilliams.co.nz<br />
T: (03) 374 2547<br />
E: reception<br />
@meareswilliams.co.nz<br />
ROLLESTON OFFICE<br />
80A Rolleston Drive, Rolleston<br />
Offices also located at:<br />
43 Gerald Street, Lincoln<br />
225 Papanui Road, Christchurch<br />
Please contact us to make an appointment<br />
in one of the four convenient office locations<br />
Darfield • Ashburton • Rolleston • Christchurch<br />
Kate Warren (Senior Associate)<br />
Mobile: 0273843054<br />
Email: kate.warren@tp.co.nz<br />
Rolleston & Darfield office: 03 317 9099<br />
Christchurch office: 03 374 9999<br />
Ashburton office: 03 308 4188<br />
Rural and Agricultural Law, Conveyancing, refinancing, leasing & property transactions,<br />
Land acquisitions, boundary adjustment and subdivision, Insurance Law, Occupation Right Agreements<br />
and Estate and Succession Planning, including Enduring Powers of Attorney, Trusts, and Wills.<br />
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