Insurance

In James Hardie New Zealand Ltd v Zurich Australian Insurance Ltd [2024] NZHC 3126, the High Court refused to grant a stay of proceedings under ss 22 and 25 of the Trans-Tasman Proceedings Act 2010 (A...

For our previous articles concerning the Bill, please click here and here. The Contracts of Insurance Act passed into law on 15 November 2024.  Although the Act will come into force over a period of ...

In a 3-2 split decision, the Supreme Court in Beca Carter Hollings & Ferner Ltd v Wellington City Council [2024] NZSC 117 confirmed that contribution claims are not barred by the Building Act 2004...

Every now and then courts have to self-correct to prevent errant off-shoots of legal reasoning advancing into the law.  In the decision, IAG New Zealand Ltd v Degen [2024] NZHC 397, the High Court t...

It now seems there is at least the possibility 2024 will be the year New Zealand finally sees the reform of insurance law with the Government’s own bill, the Contracts of Insurance Bill, now before ...

The Government’s Contracts of Insurance Bill was introduced on 30 April 2024.  See our article on this Bill. In February 2022, the Ministry of Business, Innovation and Employment (MBIE) released an...

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 ...

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...

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.

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...

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...

Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022

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. ...

D&O Indemnity And Insurance Update: A ‘Hard Market’

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...

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.

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 ...

The Right to Replacement: It’s Personal

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...

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 ...

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...

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...

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...

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...

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...

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...