Insurance
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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
Gloriavale and BNZ – where is the line on the right of accessibility to services?
Whether accessibility to banking services is a fundamental right is an issue that is currently before the High Court in the dispute between Bank of New Zealand (BNZ) and the Christian Church Community...
07.12.2023 Posted in Insurance
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
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
HH Pg  Wave alternative
As Our Dunes Retreat, Will Insurance?
It’s the quintessential Kiwi dream – owning a property only a stone’s throw from the sea.
03.02.2023 Posted in Climate Change & Construction & Disputes & Insurance & Property
Insurance Contracts Bill – submissions on exposure draft closing soon
As we reported in late February, the Ministry of Business, Innovation and Employment (MBIE) is seeking submissions on the exposure draft Insurance Contracts Bill.  Submissions close on 4 May 2022. MB...
20.04.2022 Posted in Insurance
Contract dictionary
Transforming insurance law – Insurance Contracts Bill draft released for consultation
Yesterday the New Zealand Government released an exposure draft Insurance Contracts Bill.
25.02.2022 Posted in Insurance
Hesketh Henry ranked in the latest Asia-Pacific Chambers Legal Directory 2022
Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022
rsz large pillars
English Supreme Court rejects universal application of “gold standard” for disclosure of arbitrators’ interests
Justice must both be done, and be seen to be done.
10.02.2021 Posted in Insurance & Trade and Transport
Class Actions – Supreme Court rules it’s “opt-out”, Law Commission Issues Paper imminent
Following the Supreme Court decision in Southern Response v Ross [2020] NZSC 126 the Law Commission is now set to release its Issues Paper on Class Actions and Litigation Funding on 4 December 2020. ...
03.12.2020 Posted in Disputes & Insurance
D&O INDEMNITY AND INSURANCE UPDATE: A ‘HARD MARKET’
D&O Indemnity And Insurance Update: A ‘Hard Market’
05.11.2020 Posted in Business Advice & Insurance
Law Scales e
Government calls time on Dodds litigation
Southern Response Earthquake Services Limited v Dodds [2020] NZCA 395
25.09.2020 Posted in Disputes & Insurance
marine
Entitlement to Indemnity under Marine Transit Insurance
The decision of the Full Federal Court of Australia in Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters addresses the issue of when risk attaches pur...
16.09.2020 Posted in Insurance & Trade and Transport
Salisbury Street Victory
On 10 September 2020, Osborne J delivered the long-awaited judgment in Body Corporate 335089 v Vero Insurance New Zealand Ltd and Body Corporate 341154 v Vero Insurance New Zealand Ltd.[1]  The judg...
16.09.2020 Posted in Insurance
Insurance
Losses caused by 2011 earthquakes not a “series of losses”
Moore v IAG New Zealand Limited [2020] NZCA 319
12.08.2020 Posted in Insurance
COVID-19: Industries interrupted: A call for clarity in respect of Business Interruption Cover
Understandably, businesses worldwide are looking for financial support to offset losses flowing from the restrictions governments have placed on how we can conduct business as part of global and local responses to control the spread of COVID-19.
13.05.2020 Posted in Business Advice & COVID-19 & Insurance
M&A Update – Warranty & Indemnity Insurance
This year we have seen strong private M&A activity and the use of warranty and indemnity (“W&I”) insurance in a number of transactions. W&I insurance is a specialist insurance product ...
18.10.2019 Posted in Business Advice & Insurance
Xu v IAG New Zealand Ltd [2019] NZSC 68
The Right to Replacement: It’s Personal
22.07.2019 Posted in Insurance
Law book image edit
Winter Insurance Update
Welcome to our winter insurance update - June 2019
03.07.2019 Posted in Insurance
Reception
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
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Insurance Case Law Update April 2017
Our Insurance Law team has written a new publication for LexisNexis, known as Insurance Practical Guidance.  This is the first on-line insurance law product of its kind in New Zealand. This update pr...
18.04.2017 Posted in Insurance
Reception
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Insurance Case Law Update September 2017
September 2016 Our Insurance Law team has written a new on-line publication for LexisNexis, known as “Insurance Practical Guidance“.  It is the first on-line insurance product of its kind...
19.09.2016 Posted in Insurance
Reception
Insurance Case Law Update December 2015
In this insurance law update, we summarise significant decisions released in the second half of 2015.
17.12.2015 Posted in Insurance
Insurance Case Law Update July 2015
Download full article In this update, we summarise significant decisions released in the first half of 2015. It has been a busy June, with various substantive judgments released by the High Court and ...
03.07.2015 Posted in Insurance
Insurance Case Law Update December 2014
In this update, we summarise significant insurance decisions released in the latter part of 2014. Litigation arising out of the Canterbury earthquakes continues its progress through the levels of appe...
23.12.2014 Posted in Insurance
Insurance Case Law Update April 2014
Download full article In this update, we summarise insurance decisions issued at the close of 2013 and in first quarter of 2014.  Litigation arising from the Canterbury earthquakes continues to domin...
28.04.2014 Posted in Insurance
Marriott v Vero Insurance New Zealand Ltd [2013] NZHC 3120
This claim, Wild South and Crystal Imports[1] all involve the application of an automatic reinstatement clause in a policy, in circumstances where the insured property sustains damage in successive ea...
28.04.2014 Posted in Insurance
Crystal Imports Ltd v Certain Underwriters at Lloyds of London [2013] NZHC 3513
Like Ridgecrest, Marriott and Wild South,[1] this claim concerns damage sustained by an insured property in successive earthquake events.  The question arising in all of these claims is whether the i...
28.04.2014 Posted in Insurance
Diminution of value or the cost of cure: assessing the “normal” measure of damages in leaky building claims
Download full article Johnson v Auckland Council [2013] NZCA 662 Mr and Mrs Johnson purchased a leaky home in a mortgagee sale.  They were aware at the time of purchase that the house might leak.  T...
03.02.2014 Posted in Construction & Disputes & Insurance & Property
Insurance Case Law Update December 2013
Introduction As expected, the Canterbury earthquakes have resulted in a plethora of insurance litigation.  The Christchurch High Court has a dedicated earthquake list to deal with the volume of cases...
13.12.2013 Posted in Insurance
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