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Brian Shaw says he only has one thing on his bucket list: settle his earthquake-damaged Christchurch apartment claim before he dies.
Shaw, who has terminal cancer, is one of the owners of a New Brighton apartment block that was damaged, without payment of insurance or repairs, more than a decade after the earthquakes began.
A spokesperson for Vero said the insurer was “committed to resolving this claim for the owners as soon as possible.”
On Friday, Shaw joined the other apartment owners in picketing outside the downtown Vero Insurance offices.
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“It is a sad situation,” he said.
“I just desperately want this to be resolved, and I have a very limited time left. 10 years have passed and that is too much ”.
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Brian Shaw, owner of a damaged Marine Pde apartment, with his grandson Alvar Shaw, almost 2 years old.
After five years with the Earthquake Commission (EQC), the corporate entity’s claim for the 11 Marine Pde apartments was deemed excessive and passed to Vero in 2016.
A settlement could not be reached within the settlement deadline, and the owners took action in Superior Court in 2017. Vero has postponed scheduled court appointments six times, saying in various ways that he was not ready or that his experts were not there. available, Shaw said.
There is no new hearing date yet and homeowners have been told they will not have a hearing this year.
The corporation’s director, Paula Halliday, said they were “sick of dying” of waiting for Vero.
“They have fought us every step of the way. They refuse to resolve the claim. ”
JOHN KIRK-ANDERSON / Stuff
Homeowners and supporters protest against Vero’s insurance bureaus after a long battle to pay for insurance on their New Brighton apartments.
Halliday said the owners had collectively paid $ 400,000 in legal, engineering and court costs.
Meanwhile, they were paying Vero around $ 30,000 a year in premiums and had done everything they were asked to do, he said.
“We just want them to do the right thing, we just want them to do what they promised.”
Shaw said Vero only agreed that the building was prone to earthquakes after the courts forced a joint meeting of engineers late last year. The company acknowledged that the earthquake caused cosmetic damage, not structural damage, it said.
JOHN KIRK-ANDERSON / Stuff
The damaged apartment building on Marine Pde, New Brighton.
Most owners have now rented out their damaged apartments, at rents one-third to one-half less than they would return if they were fully repaired.
“Engineering is not a big problem. Other buildings like this have been fixed. “
He said he had discovered that Vero was obstructing the meetings and believed that he was using delaying tactics, such as postponing a mediation session on short notice and delaying the court hearing.
Shaw, 60, still works as a council building control officer despite poor health, and said the dispute had left him and his wife Chris, a nurse, with a mortgage and additional costs.
He said he did not want to leave his wife and the rest of his family with the burden of damaged property after his death.
“I am desperate that this situation does not fall on poor Chris.”
There were smiles at Friday’s protest when they received public support, but there were some grim stories among the owners, Shaw said.
Another apartment owner, Toni Young, said that some of the owners had purchased the apartments for retirement and did not know where to turn.
“Our mental health has to come into this too.”
JOHN KIRK-ANDERSON / Stuff
Damage to a retaining wall in the apartment building.
His claim, as a legal entity, was too large for resolution services, he said.
City Councilman James Daniels, who joined the protesters, described their situation as “tragic.”
“It is unacceptable and incredible. Many of us have been through this, and it is tragic that they are still going through it. “
Vero spokesman Campbell Mitchell said the insurer discussed next steps with a representative from the corporate body on Friday.
Mitchell said one of the court appointments was canceled by the court due to the delay in the corporate body paperwork.
He said that Vero had “approached the legal person again to offer his assistance in mediation, which in our experience has been the most effective method for resolving complex claims.”
“We are aware that almost 10 years have passed since the February 2011 earthquake, we regret the delay and empathize with the frustrations of the owners.
“Next [Friday’s] In conversation with claimants, I am hopeful that we can move this claim forward as soon as possible. “
