GCA Lawyers New Zealand
Maurice Blackburn Lawyers
Claims Funding Australia

Southern Response Concealment

Class Action - New Zealand

 

Supreme Court judgment - a snapshot!

 

  • Mr and Mrs Ross represent “every member of the group of policyholders”.
  • The representative plaintiff (Mr and Mrs Ross) can settle on behalf of the class.
  • The Court has the power to approve settlements in representative proceedings.
  • The Court’s approval of any settlement or discontinuance is required in an opt-out representative proceeding.
  • Any concern about the ability to bind other claimants to a settlement incorporating stage two matters “falls away” given the requirement for settlement approval.
  • With respect to communication with class members, the Supreme Court has now confirmed that it has a supervisory jurisdiction which enables it to approve notice to class members and to control communications with them.

 


Supreme Court Victory

 

We are pleased to advise the Supreme Court has issued its judgment and confirmed that the class action will proceed on an opt-out basis.  

Click here to view the Supreme Court's media release, GCA Lawyers' media release and a full copy of the judgment.  

This is a very positive outcome which will change the class action regime in New Zealand for the future.

 


Register for our Canterbury earthquake insurance class action against Southern Response in New Zealand. Find out if you're eligible. 

 

Register your interest

IT COSTS NOTHING TO REGISTER,

FIND OUT WHAT YOU COULD BE OWED

 


Find out if you have underpaid entitlements owed

TO FIND OUT HOW MUCH WAS CONCEALED FROM YOU - JUST REGISTER ABOVE!

GCA has established that large sums have been concealed.

One policyholder had $447,129.50 concealed from them.

For more, click here to read our Media Release.

Whether the class action is resolved in the courtroom or settled amicably between the parties, the court will determine fair remuneration will be paid to lawyers and funders, and how those costs will be spread across the whole class


TV1 Breakfast interviews

23 September 2020

The government will not challenge a landmark court decision against Southern Response, it's a move that could set a legal precedent for Cantabrians battling against the state-owned quake insurer.  

 


15 September 2020

Around 3,000 Southern Response Policy holders are part of a class action against the agency seeking compensation for damage in the Canterbury earthquakes.


 

GCA Lawyers & the SRCCA

2 March 2020

Southern Response's misleading settlements pre October 2014


 

Brendan & Colleen Ross - Their Story, Their Words

3 March 2020

Brendan & Colleen Ross are the representative claim for the Southern Response Concealment Class Action


Southern Response’s misleading settlements pre October 2014

 

In 2018, GCA Lawyers filed proceedings in the High Court of New Zealand against Southern Response Earthquake Services Limited over its alleged misleading concealment and non-payment of additional financial benefits due to policyholders.  The representatives of the class are Brendan and Colleen Ross, whose earthquake damaged home was uneconomic to repair.  The class action alleges that those who settled their Canterbury earthquake claims with Southern Response prior to October 2014 were misled about the full extent of their entitlements to compensation. The claim alleges Southern Response systematically withheld information from policyholders about their entitlements and the true cost of repairing or rebuilding homes damaged as a result of the Canterbury earthquakes.   

The Court of Appeal has ordered that the class action is to be conducted on an opt-out basis.  This means that all persons who have the same interest in the subject matter of the proceedings as Mr & Mrs Ross are automatically members of the class action unless they elect to opt-out.  This includes both people whose houses were repairable and those whose houses were uneconomic to repair.   

If you settled with Southern Response prior to October 2014 you may qualify as a class member.  Now is the time to consider appointing GCA Lawyers as your lawyers in this class action seeking to recover those additional insurance entitlements.

Am I a Class Member?

The Court of Appeal has set out the criteria for people to be part of the class action in its judgment of 16 September 2019.  The full text of the Court of Appeal's Order can be found in the FAQ section of this website.  If you meet these criteria then you do not need to take any further steps to qualify as a class member at this stage.  

Broadly, you will automatically be a class member if you:

  1. owned a residential dwelling that was: 
    1. insured with AMI Insurance (now Southern Response) under a Premier House Cover Policy or Premier Rental Property Policy ("Policy");
    2. damaged by the 2010-2012 Canterbury earthquakes;
  2. lodged a claim or claims under the Policy for that damage;
  3. received a DRA from Southern Response that did not include an Office Use Section and did not receive a DRA from Southern Response that did include an Office Use Section.  Go to the FAQ to find out more about what a DRA is and why this is relevant to the Class Action; and
  4. settled your insurance claim with Southern Response prior to October 2014 by someway other than having Southern Response manage the repair or rebuild of your house.

GCA Lawyers can assist you to know if you are a class member and eligible to take part in the class action.    

GCA lawyers are conducting the class action with the support of funding from Claims Funding Australia Pty Limited (CFA), the litigation funding arm of Maurice Blackburn Lawyers, Australia’s largest and most successful class action law firm. 

You may wish to have GCA Lawyers appointed as your lawyers to represent you in the class action or simply register your interest with them to find out more.  

To register your interest in this class action simply complete the Registration of Interest forms click here.  

How do I register my interest in the Southern Response Class Action?

To complete your registration of interest simply click here and have the following information ready:

  1. your name and contact details;
  2. address of the insured property; and 

  3. the date you settled with Southern Response. 

For help on where find this information, click here.

 

Frequently asked questions about the Southern Response Class Action

For a fast answer to some common questions, we suggest checking the Frequently Asked Questions section first.  You might find your question has already been answered – simply click on the FAQS link in the top right corner of this page.

Still don't have the answers you need…?  

Send us a message using this form if you have already registered, or otherwise contact us by email at [email protected].  Alternatively, if you require an urgent response, call our team on +64 3 365-1347 during business hours.