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“Working on brokers PI claims in London introduced me to so many different types of insurance risk – reinsurance, bankers blanket bond, D&O, property – it was a great way to get to know the industry and understand how it works.”
Read MoreAndrews Property Services Ltd v Body Corporate 160361 [2016] NZCA 644
This is an interesting case as builders, who were employed to fix the exterior of a leaky apartment complex, were not found to have a duty to warn the owners that a survey of the external damage had not been completed by the architects. However, the CA warned that there could be a duty in other circumstances.
Read MoreRoose v Duthie [2016] NZCA 600
This case provides a distinction between loss in a "flawed transaction" and loss in a "no transaction" in the context of sale and purchase of property.
The Court of Appeal also makes it clear that the subsequent discovery of fraud can be used to justify postponing the start of the limitation period in an existing cause of action.
Cleary v Ewart & Ewart [2017] NZHC 39
In this unusual case, a man entered into a Deed to purchase beachfront property in Fiji. The Deed, it turned out, conferred no rights upon him at all.
Read More"Insurance has such a broad reach across society that you get a really wide variety of legal issues and scenarios to consider, while also having to take into account an overlay of legal principles that are quite specialist and distinct from other areas of law. So for me, insurance law provides the best of both worlds."
Read MoreZurich Australian Insurance Ltd v Mark Donald Withers [2016] NZCA 618
The Court of Appeal has recently reconsidered the interpretation of the dishonesty exclusion in a professional indemnity policy. In finding for Zurich, the Court gave greater clarity to how the test will be applied, particularly to the relationship between breaches of the insured's professional standards and objective dishonesty.
Read MoreThe Supreme Court has today dismissed an appeal by Prattley Enterprises Limited, in a decision that will be well received by insurers who have been following this proceeding, in which an insured sought to re-open the settlement agreement for an earthquake claim for a commercial building held for investment purposes.
Read MoreGreat Lakes Reinsurance (UK) SE v Western Trading Ltd [2016] EWCA Civ 1003
The decision considered the enforceability of clauses in an insurance policy that made payment of reinstatement costs conditional on the insured first incurring these costs itself, and commencing work in a reasonable time. Also considered was the position where it is unclear if the insured genuinely intends to reinstate the damaged property.
Read MoreVinnlustodin HF v Sea Tank Shipping AS [2016] EWHC 2514 (Comm) (The Aqasia)
A recent decision of the Commercial Court in the UK has settled a decades-long dispute as to whether the term "unit" in Article IV Rule 5 of the Hague Rules can be read as including units of measurement.
Read MoreSmart v AAI Ltd; JRK Realty Pty Ltd v AAI Ltd [2015] NSWSC 392.
Proceedings were brought against the insurer of a finance broker for recovery of misappropriated funds. The decision of the New South Wales Supreme Court concerned whether this was a claim for compensation, as required by the insurance policy.
Read More"Our job is to take the complex, distil it down and find a solution for our clients, but to do that we have to gain an understanding of so many different fields and areas. That can be challenging at times, but also very rewarding."
Read MoreSimmonds v Gammell [2016] EWHC 2515.
The decision concerned whether the attacks on 9/11 could be considered a "single event" for the purposes of a reinsurance contract, or if the insured's failure to provide respiratory gear for its clear-up workers made this interpretation untenable.
Read MoreA recent decision of a Standards Committee has cast doubt on insurers' ability to require a lawyer insured under a professional indemnity policy to insist on a discharge as a condition to settling a client's claim.
Read More"I started out working at ‘the big firms’ but really enjoyed the shift to the more personal environment of a smaller firm. Now I’ve spent more than half of my career at Fee Langstone..."
Read MoreTrustees Executors Ltd v Fund Managers Canterbury Ltd [2016] NZHC 2194
The decision provides a useful commentary on the interpretation of a professional services exclusion in a D&O Policy, and is a reminder of the importance of ensuring that there is comprehensive cover of the liability risks faced by directors.
Read MoreA man fraudulently exaggerated the extent of an injury to his employer and its insurer. The insurer was sceptical of his claims -- did that prevent re-opening the settlement agreement once the lie was finally proven?
Read MoreThe Supreme Court has refused to strike out a negligence claim against a manufacturer of faulty cladding, leaving a real possibility that manufacturers of building products may be liable to end users.
Read MoreThe fire was caused by burning waste from the defendants' lifestyle block as well as their landscaping business. Business exclusion and reasonable care condition examined.
Read MoreA man was sentenced to home detention for blackmailing his insurer, though the Court was not sympathetic to the insurer's concerns about negative publicity.
Read MoreUpon the news of the first fatal crash involving a driverless car, we review the current state of this technology, and what it might mean for the insurance industry in the future.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
The Building Amendment Bill proposes a significant change to the way liability for defective building work is allocated in New Zealand. At the centre of the reforms is a move away from joint and several liability towards proportionate liability for building defect claims.
Birchfield v Birchfield [2026] NZCA 477 is an interesting decision commenting on the limits of costs arising from Judicial Settlement Conferences.
The High Court ordered $22,848.67 in wasted costs against a party following an unsuccessful JSC. Essentially, the Judge considered that the party had failed to engage meaningfully in the process by refusing to shift from his pre-JSC position.
A few months ago, the London Engineering Group (LEG) announced that it will be publishing revised LEG clauses later this year to provide greater clarity for the construction insurance market. The announcement follows the 2023 U.S. Federal Court decision in South Capitol Bridgebuilders v Lexington Insurance in which LEG 3 was described as “ambiguous—egregiously so” and “internally inconsistent and bordering incomprehensible”. This does not surprise us. We have encountered similar concerns with LEG 3 in the context of large construction projects in New Zealand. Despite these longstanding issues, the clause remains widely used, making the proposed revisions a welcome development.
We turned up the volume for this year’s Client Function with a night of glam rock! A fantastic night spent with clients and friends of the firm. Thanks to everyone who joined us and helped make it such a great evening.
The Star Entertainment Sydney Properties Pty Ltd v Buildcorp Group Pty Ltd [2026] NSWSC 27
The boundary between defective work and “property damage” is regularly a disputed issue in a construction insurance context. Under a liability policy, the builder’s liability for damage will ordinarily trigger the policy’s insuring clause. However, the policy will usually exclude cover for the builder’s defective work, or perhaps only provide cover to a limited extent.
The District Court has imposed fines totalling $1.104 million on Brand Developers Limited (BDL), trading as TV Shop, following convictions on 13 charges under the Fair Trading Act 1986 (FTA). The decision is a significant recent penalty judgment and provides useful guidance on how the courts assess culpability for misleading conduct affecting consumers.
The Health and Safety at Work Amendment Bill has been reported back by the Education and Workforce Committee. The Committee has recommended, by majority, that the Bill be passed with amendments.
The Bill is intended to make the health and safety regime clearer and more focused on serious risks. It does this by introducing the concept of “critical risk”, changing some duties for smaller businesses, clarifying officer and landowner responsibilities, strengthening Approved Codes of Practice, and addressing how the Health and Safety at Work Act interacts with other laws.
In Candida Trustee Co Ltd v Teak Construction Group Ltd (in liq) [2026] NZHC 1352, the High Court considered whether a claimant creditor could compel liquidators to disclose a company’s professional indemnity insurance information prior to the claim being resolved.
In contract works claims, a frequent dispute – for both insurers and insureds – is precisely where to draw the line between cover for new “damage” and excluded construction defects. The damage and defects are often interlinked and untangling the issue involves technical evidence.
Auckland
Level 18, 51 Shortland Street
Auckland 1010
Tel. +64 9 373 0050
reception@feelangstone.co.nz
Christchurch
Level 1, 83 Lichfield Street
Christchurch 8011
Tel: +64 3 371 4622
