The insurance plaintiff accepted a low compensation payment after she “ran out of her energy and money”

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Lucia Westerer signed with Earthquake Services and Claims Resolution after her home was badly damaged in the Christchurch earthquake in 2011.

The insurance settlement that a Christchurch teacher accepted in 2017 was nearly identical to the one she claimed was grossly inadequate more than a year ago.

Lucia Pfisterer, a German language teacher now living in Motoyka, is fighting a debt of about $ 90,000 alleged by the Claims Settlement Service – a company owned by earthquake advocate Brian Staples.

It has made counterclaims, claiming that the claims settlement and law firm Grant Shand Solicitors violated their obligations to act in its best interests and misrepresented their services. The case is believed to be a test case for a class action lawsuit against the claims decision.

Pfisterer signed with Earthquake Services and Claims Resolution after her Fifield Tce home, in St Martins, was badly damaged in the Christchurch earthquake in 2011. She contracted with them to pursue a lawsuit against the government-funded Southern Response company in 2014.

Read more: * The head of the family felt betrayed by earthquake counselors * The court upholds the censure against Christchurch earthquake attorneys * Tales of harsh justice: victories and losses of the southern response as it comes to an end * Earthquake claims Attorney Grant Shand questions conflict claims

Pfisterer’s evidence before Judge Anne Hinton of the Christchurch High Court is that she accepted a deal from Southern Response before trial in April 2016, under pressure from her attorneys, Andrew Ferguson, and Grant Shand Solicitors.

It confirmed that it had agreed to a deal offered by Southern Response worth $ 500,000 in cash, demolition costs and additional funds for a foundation, under duress from its supporters. In response to what she says was artificial time pressure and alleged bullying, she withdrew her admission after 25 minutes.

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Brian Staples, of Claims Resolution Service Ltd, is suing for his money.

In cross-examination conducted by Alistair Doroch, who represents Grant Shand law firm, Pfisterer agreed that the final deal it reached with Southern Response in 2017 was nearly identical to the one Ferguson accepted on her behalf.

She still thought the amount she received was unfair, but she was rejected. “I ran out of energy and money.”

Once Pfisterer ended her relationship with Shand, she used two other law firms before hiring Grant Cameron and Associates, who paid her $ 26,000 in fees to reach the final settlement.

Doroch referred to two file notes submitted by Ferguson recording her acceptance of the deal reached before the trial and then rejecting it shortly thereafter.

Westerer said the notes were inaccurate and denied discussion of the topics mentioned in the notes.

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Attorney Grant Chand at the Christchurch High Court on Monday.

She was not aware of a summary of the case against the Southern Response Company, although she agreed to attach it to an email she responded to, thanking the sender for the summary. She didn’t remember seeing her.

In response to further questions from Andrew Barker QC (Claims Settlement), who is challenging its claim that the company has not kept it informed of the progress of its case, Pfisterer said it has not seen an email from Claims Resolution saying that the court documents are ready to submit.

This was despite her email response urging the claims to be resolved and to be submitted as soon as possible.

The case continues.

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