Limitation- Time running out on claims


Last year insurers issued statements about dates on which they would rely on a defence under the Limitation Act(s) that require court proceedings to be brought within 6 years on which a homeowner could first sue otherwise the claim is no longer enforceable.  Those dates are fast approaching.  AA, Vero, FMG, MAS, and the IAG brands agreed not to plead a limitation defence for any residential earthquake damage claim where proceedings are filed in Court before 4 September 2017.  Southern Response will not rely on a limitation defence until 4 September 2018.  If an insured does not sue before these dates the claim dies.  This includes claims that are under cap, but may go over cap post limitation expiry.  Insureds ought to prepare to sue now.