What is the Canterbury Homeowners Class Action about?
The Canterbury Homeowners Class Action is a legal claim against Southern Response for breaches of obligations owed by Southern Response to customers. The claim will include allegations that homeowners who settled their Canterbury earthquake claims with Southern Response (formally AMI) prior to October 2014, were misled about their full entitlement to compensation; and that Southern Response withheld information from policyholders about their entitlements and the true cost of either repairing or rebuilding damaged homes as a result of the Canterbury earthquakes.
The Canterbury Homeowners Class Action has been set up to provide policyholders with a choice in who they choose to take their claim against Southern Response.
What is a class action?
A class action is a legal claim brought on behalf of a group of people who have the same or similar legal interests. One or more people in the group act as the representative plaintiff for the whole group.
Class actions enable people to obtain access to justice where they might otherwise not be able to afford to bring their own claim, because a class action enables the costs to be shared among claimants or met by a third party funder for a commercial return.
Who is running the Canterbury Homeowners Class Action?
A Canterbury Homeowners Class Action Claim Committee will be established to represent the whole class. It will work closely with the legal team and LPF Group. The Committee will be responsible for giving instructions to the legal team and ensuring plaintiffs' interests are represented.
Who are the lawyers?
The legal team includes leading barrister Davey Salmon. Davey has extensive experience acting for claimants in class actions. You can read more about Davey's experience by clicking here >
Law firm, Meredith Connell is New Zealand's largest litigation firm and one of the most experienced in running class actions. You can read more about Meredith Connell's class action work by clicking here >
What is LPF Group?
LPF Group is New Zealand’s leading litigation funder. It offers funding to support cases with strong legal bases, enabling people who have suffered financial losses to access justice, and to hold those who have done wrong to account for their actions. Based in New Zealand, LPF Group has an excellent understanding the New Zealand legal context. It has a solid track-record of successfully obtaining returns for people who have suffered losses. To find out more about LPF Group click here >
Will it cost me anything to participate in the Canterbury Homeowners Class Action?
No. You do not need to pay to participate in the Canterbury Homeowners Class Action. You also do not need to pay any anything as the class action moves forward. LPF Group will pay all costs relating to the class action in the first instance.
Will it cost me anything if the Canterbury Homeowners Class Action does not succeed?
No. LPF Group covers all costs relating to the Canterbury Homeowners Class Action.
How does LPF Group get paid?
LPF Group, is funding the litigation so there will be no upfront cost to individual claimants.
If LPF Group's costs do not exceed $2m and the claim is successfully resolved within 24 months, LPF Group will be paid 10% of the amount the claimants receive. If not, if will be paid 15% of the amount the claimants receive.
In addition, LPF will be entitled to repayment of the costs it has funded and to its fees, out of any proceeds from the case.
Why should I choose the Canterbury Homeowners Class Action over the GCA Lawyers claim?
The Canterbury Homeowners Class Action offers potential claimants with better funding terms than the GCA Lawyers’ class action. No success fees will be payable to the lawyers working on the Canterbury Homeowners Class Action Claim and LPF Group will take a much lower percentage of any costs recovered on success than the Australian litigation funder behind the GCA Lawyers’ class action. This all means that all things being equal, claimants with the Canterbury Homeowners Class Action will recover a bigger share of any successful result.
How do I participate in the Canterbury Homeowners Class Action?
If you are interested in learning more about the Canterbury Homeowners Class Action, you can register your interest with us on an obligation-free basis so that we can provide you with more information. Click here to register your interest >
How do I know I am eligible to participate in the Canterbury Homeowners Class Action?
To be eligible to participate in the Canterbury Homeowners Class Action you will need to have:
Owned a house that was insured by Southern Response (previously AMI Insurance) under a Premier House Cover Policy or Premier Rental Property Policy ("Policy");
Made a Policy claim after your house suffered damage in the Canterbury earthquakes;
Settled your insurance claim with Southern Response prior to October 2014, and Southern Response paid you a sum of money in this settlement; and
Received a settlement amount which was less than that to which you were legally entitled.
How will I know what is happening in the Canterbury Homeowners Class Action?
The Canterbury Homeowners Class Action Claim Committee will keep claimants informed of the progress of their claims throughout the case.
What is the current status of the Canterbury Homeowners Class Action?
LPF Group will very shortly be applying to the High Court to run the Canterbury Homeowners Class Action on behalf of Southern Response policy holders. In the meantime, we welcome registrations of interest in the Canterbury Homeowners Class Action.
Will my personal details be kept private?
Your personal information will only be used for the purpose of the legal proceedings as required by the Court, or by law. The Privacy Act 1993 also applies to any personal information provided.
How can I find out more information about the Canterbury Homeowners Class Action?
If you can't find the answer to any question you may have on this website, please send us a message using the Contact Us form.