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Why all Kiwis should be concerned about insurers

Canterbury Employers Chamber of Commerce chief executive Peter Townsend says the scale of the Canterbury rebuild is almost beyond comprehension.

That is why the rest of New Zealand cannot ignore its effect on economic growth.

Tireless cheerleader Mr Townsend was reacting to positive economic indicators that show a lift in activity. 

But for thousands, the biggest hurdles are still ahead: insurance payouts and repairs, and, for commercial landlords, negotiating compensation for compulsory land acquisition by the Crown over the next few weeks.

New Zealanders grudgingly accept rising insurance premiums. But the experience of Christchurch should make them wary of the contracts they sign and the intention of insurers to honour them.

This is why Cantabrians can't just get on and stop whining. Affected homeowners couldn’t shift if they wanted to, without taking a financial bath.

Just 30% of residential claims have been paid out, two years after the first September 2010 earthquake. About 50% of commercial claims have been settled.

Of the 28,000 worst affected homes, just a couple of hundred have seen any repairs. All the work so far has gone on relatively cosmetic damage on houses in less affected suburbs.

The Earthquake Commission says it is ramping up operations to settle claims (not repairs) within nine months.

Conversations in homes, schools, pubs, restaurants and in many gatherings generally end up on earthquake themes.

Here are a few that have come to me over the past fortnight: 

# A family’s house was red stickered in February 2011 after a wall fell down when two children were in the house. No offer has been received from the insurer. “Our house is now being used as a squat or sex hotel. We had our third assessment with IAG on Tuesday where we all had to step around the double-ended dildo and other nice things. It was very depressing and I don't know when it is going to end. We are on our knees financially after paying rent to top up the $330 allowance to $550, and paying a mortgage for 18 months. I have depression, my daughter has seizures and we are meant to be in a priority queue.”

# A real estate agent acting for a red-zoned relative is negotiating with an insurer over “repair” compensation. An independent quantity surveyor finds aspects of the insurance assessment incorrect (eg, the foundations are out by 170mm, not the 140mm claimed by the insurer). The agent questions why the “repair” payment is being calculated on the basis of TC1 foundations (being the cheapest, while TC3 requires expensive work). After all, the land is red zoned, which makes it more damaged than TC3. The insurance agent says those are his instructions and refuses to back down.

# A resident wants to build a new home. Westpac, with who he has done business with for 30 years, refuses to give him a loan because of conditions in the new insurance contract. ASB steps in to provide the loan under the new insurance conditions.

# An insurer refuses to make progress on repairs because work is first required on a small retaining wall. The insurer says it is EQC’s responsibility and cannot settle the claim until the matter is sorted.

# A mate is revisited by his insurance assessor, who revises his “rebuild” down to a “repair” after the property was red zoned recently, meaning he will lose about $200,000. To negotiate on an equal footing he needs to have the red zone geotechnical report from the Canterbury Earthquake Authority. The officials at CERA refuse to give it.

As background, the government payout to red zoners based on 2007 rateable valuations gives affected homeowners the ability to choose a payment based on the land value and/or the value of the house.

The homeowner may take the government payout for the land value only and negotiate with the insurer if the insurance payout for the house is likely to be more than the rateable value (as it would most likely be if written off).

It works like this.

My mate bought a property in March 2008 at auction for $910,000, above the rateable value of $830,000 ($565,000 for the house and $265,000 for the land).

He spent roughly $200,000 refurbishing it, so it owes him about $1.1 million.

After the June 2011 earthquake it is deemed a “rebuild” (ie, a new house) because of extensive foundation and structural damage.

Then the land is red zoned.

The insurance assessor returns and deems the house a “repair” and offers $250,000, even though the owner must leave the land and demolish the house, meaning the “repair” is just a fiction – Catch-22.

This means my mate will have to take the government 2007 valuation offer of $830,000.

He accepts he is relatively fortunate because once he has his payment he can move on, unlike those awaiting repairs.

Thousands of other residents have much lower valued properties at around $350,000 and house prices are rising fast as the March 2013 deadline to quit red zones looms.

More by Chris Hutching

Comments and questions
18

Thank you Chris and Nevil for having the balls to go where the advertising-dependent media never will.
This is an unmitigated disgrace. It is clear the insurance companies drew a line under what they had taken in monthly payments the day after the first quake, banked it, bought Lear jets etc, took 'performance bonuses', as you do.....and started their payout fund for CHCH.
So as we pay, now hugely inflated monthly payments, those go into the fund that will payout as and when there's enough money in the new fund to pay for any repairs/replacements.
NZI whipped in a woman who had earned her spurs screwing the flood victims in Queensland, just to show how serious they were. She was quite blatant about how well she thought her company was 'performing', on TV some weeks back. No rush, honey.
Want to fix things? Get English to phone the CEOs and ask them in a nice friendly way when last they and their company had a tax audit. Then things will get a wiggle on.
Disgraceful and shameful exploitation of tragedy.....yet again you venal sickies.

I agree. Mr Hutching is to be congratulated for publishing just a very few of the monumental case stories proving the insurance industry in NZ is incompetent and deceitful probably both in my opinion. I see companies advertising themselves and all it reminds me of is how many untold folk are still being victimised.

Given the emotional and physical drain on folks, I sincerely hope CHCH folk have a little bit more in their tanks to join together and attack Insurance companies en masse - perhaps the rest of New Zealand could back their voices by en masse reneging on our insurance premium payments until such time that Insurers pay out what is 'right' - ethically, morally and actually, Enough is enough insurers!

It is EQC that I am furious with. My home is seriously damaged. But EQC says it is less than 'cap,' probably $130,000. I asked EQC if my insurance coy could organize repairs. They said No. But my insurance coy, FMG, have completed well over 65% of quake claims. So could easily add mine to their list. I have no idea when my home will be repaired, in the meantime I have had to pay myself to repair the roof. EQC refused to do it. The roof was rotting. EQC refuse to reply to letters, so you send them a letter. Wait six weeks for a reply which does not come. You then write to our Prime Minister, who writes to EQC who reply. I should be able to opt out of paying the EQC levy. They cannot perform.

I too would opt out of paying EQC levy in a heartbeat. Their scheming methods from day one are now in full play with the latest being a contractor engineer running around whose only job is to reject as many claims as possible by labelling them pre-existing. Stories doing the rounds are that they can see cobwebs and dirt in cracks proving the homeowners are liars and who is going to get into the cost of one engineer versus another as everyone knows the big boys can afford to bully it out forever. I bet EQC were doing this method for years for every bit of shake damage anywhere in the country.

"Traditionally, we have received around 10 - 15 complaints per year concerning EQC." (Ombudsmen Annual report)
If they were getting 10-15 complaints a year before the Canterbury earthquakes what does that tell us. They were useless then and still are.

Complaints against the Earthquake Commission
During the 2011/12 year, complaints against the Earthquake Commission (EQC) have become a significant area of our work. Traditionally, we have received around 10 - 15 complaints per year concerning EQC. Last
year we reported that the Canterbury earthquakes had not yet had a significant impact on complaint numbers, with 72 OA complaints and other contacts received against EQC. However, this year there was a
significant increase, with 389 OA complaints and other contacts received.

Make an official complaint against EQC - they will give you a case manager who you can phone and try and resolve your case with...

Thank you for this article - the media appears to be muzzled at present by insurers, especially in Christchurch. We are also waiting for IAG/State to pay out on our contents claim from Feb as well as get our rebuild underway. We keep hearing that IAG/State will prioritize people with uninhabitable homes - this appears to be 'all talk' as nothing is happening and we haven't even received our options from IAG/State. This company advise that all major rebuilds/repairs (6500 of them) will be completed by the end of 2015 - that's 167 per month (based on 39 months). This means that if they don't achieve these numbers, they will be rolled over to the next month. To date they have done a pitiful amount and aren't even close to achieving this goal. I wait for one report (normally take 4 months to receive from IAG/State) and then when that arrives, there is ALWAYS another excuse as to why my rebuild can't commence. Other insurers are doing the right thing and some are even paying out based on the rebuild estimate - not IAG/State. They want to hold on to their money for as long as they possibly can. Don't even get me started on the EQC as they won't even advise when they will be assessing my retaining wall or paying out on my damaged land. It's almost two years for goodness sake and we are tired of excuses. That's two years of living away from our home - paying rent, plus a mortgage on an unliveable home. The Govt sits by and does nothing - insurers are in charge. Take note the rest of NZ - if you are with IAG/State, seriously look at another company.

I am in the same predicament as Paula, with IAG/ASB. All talk no action. We have an uninhabitable home, have been told we are in the "priority" queue, but have not been able to move forward. Homes around us have been settled and demolished, while IAG has made what is an obvious rebuild into a "repair". IAG works in a linear fashion with months to approve and schedule an assessment, then wait for the report, then months to approve and schedule a QS, then wait for the report, then months to wait and REDO the assessment, then wait for the report, meanwhile deny the recommended geotech assessment. Pitiful.

IAG are a disgrace, two years after my home was wrecked by the quake I'm still paying my mortgage and renting elsewhere while waiting for a settlement. IAG finally got Hawkins to do an assessment after 4 loss adjustors deemed it irrepairably damaged, Hawkins agreed...until the street was red zoned, now it's repairable! I can't get a straight answer from IAG, the story changes constantly, stalling & withholding reports, ignoring privacy act requests, just par for the course with this company. Obviously they are stalling until the red zone deadline in April when the govtsteps in and forcibly 'acquires' our land, letting insurers off the hook. Little wonder they rate as the poorest performing, least trusted insurance company.If only we had known what they did to the policy holders in Queensland following the floods, I would have changed companies immediately. Luckily it's not too late for others to learn from our experience.

Insurance companies are treating their customers as cheap toilet papers, while EQC doesn't perform and tell people to go to the Ombudsman like it was a building company. Ms Wayken, is time to do your job. Internal matters between IC and EQC are used as weapon to block the progress of thousands of claims: they are acting like two little child while the government goes to Hollywood..disgusting!

This is were CERA should be stepping in and fighting the insurance companies, including EQC, on our behalf, but they are too scared, weak, or possibly even hobbled by Mr Bronwlee.

I have no idea whhy "Recovery" is in their name as they are doing nothing for those they should really be helping.

If they were any other business they would have been wound up or sued for failure to deliver whats in their policies by their creditors (Policyholders)

This article brought tears to my eyes because FINALLY......someone gets it. Well done on writing a great article.

Thanks Chris. More media should be looking at what is going on here. I don't know how much more we can take.

The total red zoning off Brooklands was a discrace and now to offer the section owners 50% of 2007 RV is land theft why is there not a strong investagative reporter in chch the press seem to have been hobbled in the last few weeks.

Thanks Chris, great article. Accordingly we're about to start the negotiations on one of our three damaged properties in TC3 - but knowing that we're going to be shafted whatever happens is a tough pill to swallow. As for the other two -incredibly we're still awaiting the February 2011 assessors to turn up from EQC for one of them (elderly folk on medication in this one - so theoretically on priority list!), and the third has been earmarked for a cash settlement for moons - again priority. No useful, case-related communications from EQC or insurance, nothing. It's a dog's breakfast.

I need to let you know that Red Zone land is not worse damaged than some TC3 land. This is the issue. The Red Zone stopped where property values increased and town planning fitted well. Not where land improved!