Financial Law

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Threshold for an interruption claim

Question. .. A motor vehicle dealership holds a BI policy and insures their full gross profit. The operative clause reads: ".....the insurer agrees to indemnify the insured for loss resulting from interruption to or in...

Ask an Expert

Dog on driveway

Question... Our insured was contracted to perform some plumbing work on a property. An employee of the insured elected to take their dog to work. The dog escaped and ran over a neighbour's property that was under constructi...

IFSO Case Study

Stolen watch disappointment

A couple arranged for contents insurance through their bank. Two years later, a bank employee telephoned the insurer on behalf of the woman, inquiring about specifying a lady’s watch. During this telephone discussion, th...

IFSO Case Study

Caught out by carpet excess

The insured held insurance on her house.  In April 2019, she made a claim to the insurer, because her dog had vomited and had diarrhoea, damaging the carpet at the house over the course of a day.  The insurer...

FSCL Case Study

Pandemic problems

In March 2020,  a couple were overseas in the United Kingdom when they heard the call from the New Zealand government to return home due to the Covid-19 pandemic. Although they were intending to travel home on April 6, 2020, they...

FSCL Case Study

Value for money?

The insured bought his first car from a motor vehicle dealer for $8500. The dealer, acting as a agent for the lender, arranged the loan and included both mechanical breakdown insurance and guaranteed asset protection insurance without...

FSCL Case Study

No cover in place

A woman bought a new house in 2018. She asked her insurance broker to arrange home and contents insurance for the property. When she filled out the application form, she omitted a few details about locks and the alarm system...

Feature

Insurer remedies for fraudulent claims

by Andrew Horne and Nick Frith

In its recent decision in  Taylor v Asteron Life Ltd, the Court of Appeal discusses the fraudulent claims rule – the first time that this rule has been considered in any detail by an appellate court in New Zealand. The...

Opinion

Financial Conduct Authority takes action on beh...

Unlike New Zealand, many business interruption policies issued in England extended cover to interruption in consequence of a notifiable infectious disease. Many of the underwriters of those policies declined their Covid-19 related...

Opinion

Financial advice disclosure - issues for insura...

By Crossley Gates

On June 22, the Governor-General made by Order in Council the Financial Markets Conduct (Regulated Financial Advice Disclosure) Amendment Regulations 2020. They require financial advisers (including insurance brokers/advisers) to...

Feature

CoFi heralds a new era for insurers

The Conduct of Financial Institutions Bill is set to change the way insurers ...

In September last year, consumer affairs minister Kris Faafoi unveiled plans for a new conduct regime for the financial services sector. The reforms, launched off the back of Australia’s damaging Royal Commission into financial...

Feature

IAG outlines FY20 results

IAG today provided an update on its results for the year ended 30 June 2020 (FY20), within which it expects to report: Gross written premium (GWP) growth of around 1%, consistent with the ‘low single digit’ guidance...

FSCL Case Study

Covid-19 complaints and the importance of clear...

FSCL expects more complaints about insurance brokers as the pandemic effects ...

We are starting to see a few complaints about insurance brokers arising out of Covid-19 disruption and expect we may see more as time goes on. We anticipate that as clients, in particular small businesses, discover that their...

Feature

GST payable on insurance proceeds received by t...

By Andrew Ryan and Simon Akozu, Minter Ellison Rudd Watts

Inland Revenue has confirmed that a third party claimant who is GST-registered can be liable for GST where they receive a payment from an insurer in settlement of an insured person’s liability. This applies irrespective of...

Opinion

Avoidance for material non-disclosure

Recent English case provides lessons for NZ By Crossley Gates

A Parliamentary Bill is due later this year to start the process of reforming New Zealand’s duty of disclosure law, as well as many other insurance law reforms.  However, given the Covid-19 pandemic, we expect this may...

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