Canterbury residents should contact their insurers if they are unsure how laws putting a time limit on legal action may affect outstanding 2010/11 earthquake claims, the Insurance Council of New Zealand (ICNZ) says.

The Limitations Act gives a defence where more than six years have passed since an act or omission sparking a legal claim, and applies to areas beyond insurance.

In 2015 ICNZ advised Canterbury claimants that the main private insurers would not rely on the Act before September 4 this year, but there have been different interpretations on how the law applies in various cases, with insurers and the Earthquake Commission taking a range of positions.

“Residents with Canterbury claims can have peace of mind on this issue by getting something in writing from their own insurer so they can continue to focus on reaching settlement,” ICNZ CEO Tim Grafton said. “If customers are in any doubts about their position they should speak to their insurer.”

The Act aims to ensure claimants do not delay bringing cases to courts, while it also provides certainty to defendants.

“There is no need to worry about rushing to court and incurring costs to protect your legal position, when you can simply make a call to your insurer to understand its position on its Limitation Act rights in relation to your claims,” Mr Grafton said.