Southern Response’s position regarding the Limitation Period and Limitation Defence
- Created: 28 June 2018
Southern Response announced today how it will approach the limitation period and limitation defence after 4 September 2018.
Southern Response CEO Anthony Honeybone said:
“To give our customers certainty, Southern Response has made the decision to communicate its present position as to when the limitation period commences.
“Southern Response’s position is that the limitation period runs from the date that Southern Response settles, declines, or we clearly advise our customer in writing that a final decision has been made in relation to their claim.
“Due to our previous commitment to not rely on a defence until later this year, Southern Response will still not rely upon a limitation defence before 4 September 2018. After this date, Southern Response may rely on a limitation defence and will treat the limitation period as running:
- where a claim under the AMI policy has been settled, from the date Southern Response settled that claim
- where a claim under the AMI policy has not yet been settled, from the date when Southern Response settles or declines that claim
- where a claim under the AMI policy is declined, from the date that Southern Response declines the claim
- where Southern Response has written a letter to our customer advising that Southern Response made its final decision on the claim under their AMI policy and in our opinion the limitation period has commenced, from the date of that letter.
“Our decision has been made in the interests of our customers. We want to reassure our customers that they can continue to work directly with us to settle their claim rather than feeling pressured to file Court proceedings.
“We are committed to working with all of our customers to settle their claims. Our focus is to support our customers to do this in a fair and transparent manner, including knowing when Southern Response will and will not rely on a limitation defence.”
“If any customer has any particular questions about how the limitation period may apply to their claim, we would encourage them to contact us directly