Homeowners ‘have right’ to see files on land damage
Owners whose houses have been affected by slips have a right to see their claim files, says former EQC national claims manager Keith Long.
After reading ‘‘with dismay’’ about the plight of Nelson homeowners who were distraught at being kept in the dark , Long wrote to Stuff with some advice.
‘‘EQC and/or those insurers seemingly do not want to allow property owners and others to see engineer’s reports (amongst other things) which in some cases can help owners to determine what their next steps may be,’’ he said.
‘‘The fact is that EQC are legally bound
to release claims files in their entirety to claimants under the Official Information Act within 20 days.’’
Long said claims nowadays were
lodged through the homeowners’ insurer, which has contracted with the Earthquake Commission to handle natural disaster claims covered by EQC.
‘‘The EQC sets out a brief precis of ‘customer’ rights but that does not alter the fact that EQC must release a copy of their file when asked to do so under the
Official Information Act.’’
Long said that when he was national claims manager, EQC was inclined to treat any request made by a claimant for information as effectively one made under the Official Information Act.
Toka Tu¯ Ake EQC head of policy and government relations Michala Beacham said claims for land damage were complex to assess and resolve and usually took considerably longer than standard residential damage.
EQC empathised with the Nelson residents who were dealing with extremely difficult and stressful situations since the August weather event.
Information held by Toka Tu¯ Ake EQC on a property was available under the Official Information Act, which ensured ‘‘consistency and thoroughness in how we handle all requests’’.
EQC had a large team who worked through requests for information on properties so they could provide the information requested as soon as possible, as guided by the legislation.
All information relating to EQCover claims are public information under the OIA, even if that information is held by the private insurer, EQC said in a statement provided to Stuff.
This included geotech or engineer reports commissioned by the insurance company that is assessing land damage for insurance purposes.
EQC advised it was important to note the distinction between these and other engineering reports that might be done to assess life safety, for example by the council.