Special Report: A watertight weathertightness exclusion?

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Special Report: A watertight weathertightness exclusion?

Napier City Council v Local Government Mutual Funds Trustee [2021] NZHC 1477

In November 2018, we reported on the High Court decision of Hinton J in respect of an application by Local Government Mutual Funds Trustee (Riskpool) that a claim by Napier City Council be struck out. Riskpool had sought to strike out the Council’s claim on the basis that it had no tenable claim for indemnity as the plain meaning of the policy’s weathertightness exclusion clause (Exclusion) was that a “Claim” was excluded in its entirety if it was tainted by a weathertight defect.

Neither the High Court nor the Court of Appeal were prepared to strike out the Council’s application at an interlocutory stage. As a result, the proceeding returned to the High Court for a full hearing before Grice J in July and August 2020. In a lengthy decision handed down at the end of June 2021, Grice J found in favour of Riskpool and held that both weathertightness and non-weathertightness defects were caught by the Exclusion.

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The limits of fiduciary duties

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The limits of fiduciary duties

Claims Resolution Services Ltd v Pfisterer [2021] NZHC 1088

This proceeding arises out of a claim by Claims Resolution Services (Claims Resolution) against Ms Pfisterer for fees owing, for $93,700 (which included the legal fees paid to Grant Shand Barristers & Solicitors (GSBS)), for services it provided to assist her in resolving her insurance claim against EQC and insurance companies. Ms Pfisterer counter-claimed a breach of fiduciary duty against both Claims Resolution and GSBS, amongst other claims, and argued that no money was owing. The High Court found against most of her claims, as there were no conflict or loyalty issues at stake.

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The end of the Feltex litigation

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The end of the Feltex litigation

Houghton v Saunders [2021] NZSC 38

A recent decision by the Supreme Court has brought an end to a long-running saga through the New Zealand courts. Commenced in 2008, a class action suit of some 3,600 shareholders has rolled on against the directors of Feltex Carpets Limited (Feltex) and its (former) private equity owner, Credit Suisse, for thirteen years.

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Contribution claim against third parties for negligence not barred by the 10-year longstop period in the Building Act

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Contribution claim against third parties for negligence not barred by the 10-year longstop period in the Building Act

BNZ Branch Properties Limited v Wellington City Council [2021] NZHC 1058

The High Court has recently ruled that a contribution claim by a defendant against third party engineers was not time-barred by the 10-year longstop period in the Building Act 2004.

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Location of insurer imperative to s 9 LRA claim

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Location of insurer imperative to s 9 LRA claim

Livingstone v CBL Corporation Ltd (in liq) [2021] NZHC 755

The High Court has recently issued a decision in the CBL litigation which concerned the territorial ‘location’ of a charge under s 9 of the Law Reform Act 1936 (the LRA). In so doing, the Court reinforced the necessity of using the correct procedure for any jurisdictional challenge.

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Terms of contracts prevail over rights of subrogation

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Terms of contracts prevail over rights of subrogation

The law has long recognised that where an insurer has indemnified an insured for loss caused by a third party, the insurer can sue the third party in the insured’s name to recover the amount paid. However, two recent UK decisions have discussed the question of when the terms of a contract entered into by the insured might impact on rights of recovery.

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Legal 500 Rankings

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Legal 500 Rankings

Fee Langstone was ranked in Tier One for Insurance, being recognised for "depth of experience" and "well-respected" in the area. Partners Philippa Fee, Craig Langstone, Pauline Davies and Cecily Brick were listed as Leading Individuals. Virginia Wethey was also recognised as a Next Generation Partner. Matt Atkinson, Russell Stewart and Angus Wakeman were also named as Key Lawyers. Thank you to all clients who provided testimonials.

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No coverage under all risks marine policy for losses resulting from fraudulent shipment

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No coverage under all risks marine policy for losses resulting from fraudulent shipment

Englehart CTP (US) LLC v Lloyd's Syndicate 1221 & Ors [2018] EWHC 900 (Comm)

Englehart, the insured in this UK case, claimed under an “All Risks” cargo insurance policy for loss it sustained in accepting fraudulent bills of lading for a cargo of copper ingots, where that cargo was never in fact shipped.

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Chambers Rankings 2021 & NZ Law Awards

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Chambers Rankings 2021 & NZ Law Awards

Chambers Rankings 2021 & NZ Law Awards

We are very pleased to announce two pleasant surprises in time for Christmas. Fee Langstone was ranked in Band 1 for Insurance Law in the Chambers Asia-Pacific Rankings 2021 with Philippa Fee as a ranked individual. Pauline Davies was also named a ranked individual in Band 2 for Shipping.


We are also delighted to have been awarded NZ Law Awards 2020 Insurance Specialist Law Firm of the Year. This year was a virtual event and all winners were asked to submit an acceptance video in lieu of attending. You can watch our rather silly one here.

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