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This story was originally posted on RNZ.co.nz and is being republished with permission.
A Christchurch couple locked in an ongoing legal battle with state earthquake insurer Southern Response says it is sobering that a Court of Appeals decision goes their way, a decade after the heartbreaking earthquakes.
An earlier Superior Court decision found Southern Response guilty of deceptive and deceptive behavior when it defrauded Karl and Alison Dodds out of tens of thousands of dollars after their earthquake-damaged home was canceled.
SUPPLIED / RNZ
Southern Response cheated on Karl and Alison Dodds about a date to rebuild their home in Christchurch.
The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover that the insurer had withheld a second higher estimate from them to rebuild their damaged home, a so-called second secret detailed repair and reconstruction analysis (DRA). .
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The Superior Court ordered Southern Response to pay the Dodds nearly $ 180,000 in damages, plus costs.
But the government appealed the decision, saying it needed clarity, given the thousands of similar cases for which it could be responsible.
The Court of Appeal reduced the damages that Southern Response has to pay by $ 10,656.44 due to a previous error in the calculations.
Talking to Control Shortly after receiving the news, Karl said he felt “cathartic” and “a lot of emotions”.
“To have the outcome in the midst of what is effectively the 10th anniversary of the earthquakes is poignant and humbling and I think what we and others in Christchurch have been through has been heartbreaking to say the least, and the post-traumatic effects of having to dealing with Southern Response has added to the trauma of the earthquakes, and bringing it all to a conclusion is brilliant from our point of view and tremendous for the other 3,000 people. “
Karl Dodds said his wife Allison had been traumatized by the whole experience, ever since she was shaken on top of her work building in the February 22, 2011 earthquake, seeing the CTV building collapse and then having to deal with Southern Response as a consequence.
He said the decisions were made by “the highest level of the organization” and renewed his call for an investigation into Southern Response, by people like Dame Silvia Cartwright.
It would have to be similar to the EQC research, but with a difference.
“EQC made a lot of mistakes, but it really took them by surprise. No one expected the magnitude of the disaster. They were understaffed, poorly equipped, and perhaps you could say they did the best they could, but with that said, we spent the first two years battling EQC, with letters flying back and forth and getting more and more fiery as we go.
“But with Southern Response they don’t have the same excuse. They came up after the disaster and therefore they were well equipped to behave professionally and competently and they didn’t.
“When an independent person digs deep enough, they will be able to find all sorts of additional dubious practices that we are well aware of, but we are not going to reveal at this point, what will really push the whole case, as for their behavior, beyond other level “.
Karl Dodds said Southern Response had the right to appeal and take the case to the Supreme Court, but he hoped it wouldn’t come to that.
Both the responsible minister, Grant Robertson, and Southern Response declined to be interviewed. Nor have they ruled out appealing the decision to the Supreme Court
Karl Dodds wished the best to others in a similar position in his battle against the insurer.
This story was originally posted on RNZ.co.nz and is being republished with permission.
