Expertise

Insurance

Overview
Astute advice and action that protects the financial health and reputation of leading insurers

Hesketh Henry fields one of New Zealand’s largest and most experienced insurance defence and litigation teams. We’ve been advising and acting for insurers for more than 100 years and our insurance lawyers work for a variety of local and offshore insurance companies.

Feedback from clients who have experienced other insurance law firms tells us that our point of difference is our ability to provide commercially-sensible solutions that are timely and effective. We aim to deliver optimal results in an efficient, and cost-conscious manner every time.

This pragmatic approach to legal advice does more than simply reduce claim costs and legal expenses; ultimately it assists with clients’ brand and reputation building, while also fostering strong relationships with brokers and insureds.

Another factor that gives us an edge in the insurance law arena is the accessibility of our senior partners. They don’t work in an ivory tower; they are actively engaged with the day-to-day business of providing exceptional insurance law services.

Reflecting the depth of our insurance team’s knowledge, Hesketh Henry was invited to author the LexisNexis Practical Guidance on Insurance Law in 2016, a first-of-its-kind online publication designed to assist companies in the insurance industry.

Need advice on Insurance?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Advising NZ insureds and underwriters on cyber-breaches, including statutory obligations (eg privacy), contractual obligations to customers, and rights and remedies against counter-parties / third parties, in high pressure / time sensitive circumstances. This involves liaising with key stakeholders, such as senior management, crisis response teams, media advisors, and external IT / cyber-security experts;
  • Advising on various issues including, most frequently, as to whether the subject matter of a given claim (i.e. the particular nature of goods or services provided by and insured) falls within the scope of cover; and
  • Advising an energy company on the adequacy of its D&O cover for the divestment of certain assets
Key Contacts
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Insights & Opinion / Insurance

BCC Trade Credit v Thera Agri Capital: Policyholder Successful Against Credit Insurer in Australian Court of Appeal Decision
When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...
05.03.2024 Posted in Insurance & Trade and Transport
contracts flying
Is Your Fitness For Purpose Clause Fit For Purpose?
In any claim arising from a construction or supply contract, parties will often look to the contract to see whether there is a fitness for purpose clause.  However, poor drafting can result in confus...
09.08.2023 Posted in Construction & Insurance
Insurance House med
Supreme Court confirms orthodox approach when interpreting scope of exclusion clause
Napier City Council v Local Government Mutual Funds Trustee Limited [2022] NZCA 422 Background This case arose out of a building defect claim against Napier City Council (the Council) by the Body Cor...
07.08.2023 Posted in Insurance
Anti-Suit Injunctions in Support of Arbitration Agreements
In a recent decision in which Hesketh Henry acted for the successful applicant, the High Court of New Zealand ordered an anti-suit injunction in support of an agreement to arbitrate – the first such...
06.07.2023 Posted in Trade and Transport
Insurance
Sum Unsure? – 2023 Weather Events a Timely Reminder to Check Limits of Insurance
In light of the significant weather events around the country in 2023, now is a good time for insureds to check the sum insured of their insurance policies to avoid a second crisis. Under-estimating t...
02.06.2023 Posted in Climate Change & Insurance
ASIC Takes Aim at Insurance Companies for Unfair Terms – Should New Zealand Insurers be Worried?
Recent court actions by the Australian regulator against insurers for unfair contract terms are a sign of what may be to come for New Zealand if the proposed Insurance Contracts Bill is enacted here.
25.05.2023 Posted in Insurance
The IMO Unified Interpretation on the Test to Break a Shipowner’s Right to Limit Liability
A central feature of the maritime limitation regime is a shipowner’s right to limit liability for maritime claims based on the tonnage of the vessel, granted in exchange for the acceptance of strict...
08.05.2023 Posted in Business Advice & Insurance & Trade and Transport
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