Can an exclusion in a liability policy that only applies to part of a claim still exclude the whole claim because of the definition of ‘Claim’ and the way the third party has pleaded its claim against the insured?

 
Background
The owners of an apartment block suffering from weather-tightness issues are suing the Napier City Council.

The owners plead in their statement of claim one cause of action only in negligence (breach of duty of care by the Council in performing its regulatory functions). In turn, they plead this led to multiple defects in the building.

Many of the defects relate to weather-tightness issues, but some do not [Read more…]

When are the terms of an insurance policy created?

Background
Several weeks before a client’s policy with its existing underwriter was due to expire, an insurance broker trades emails and phone calls with an alternative underwriter about placing the expiring client’s policy with that alternative underwriter.

The insurance broker and the alternative underwriter agree the key terms of cover. While they agree the start date of the replacement cover, they never discuss the start time on that day. However, they do agree that the new underwriter would go on risk from expiry of the client’s existing policy, as is usual. [Read more…]

The efforts of the United States of America to extradite Kim Dotcom and three other Megaupload executives have been a hot topic in the media for some six years now. Yet, for all this publicity, comparatively little light has been shed on the intricate legal issues at stake, which have implications well beyond the current case, not only for the law of extradition but also for copyright law including the liability of Internet Service Providers (“ISPs”) for copyright infringement.

In February, the Court of Appeal heard an appeal by the four extradition respondents in what are generically known as the Dotcom proceedings. They have appealed against findings of the District Court, confirmed by the High Court, that they are “eligible for surrender” to the United States in order to face trial for charges arising out of alleged criminal copyright infringement. [Read more…]

English High Court Clarifies Brokers’ Duties to Clients

In New Zealand, England remains the primary source of court cases about insurance brokers’ duties. In this newsletter, we consider a recent English High Court case about insurance brokers’ duties of care to their clients, and the activities they must undertake to comply with those duties.

While English court cases do not bind New Zealand courts, they remain highly influential, particularly given the lack of cases on this area of the law in New Zealand. [Read more…]

It is with great sadness that the Partnership announces the sudden passing of Sandra Judith Griffiths, our much loved Office Manager. Sandra had been with the firm over 40 years, starting as search clerk and then secretary/legal executive to Sir Michael Friedlander. As well as assisting Sir Michael with his busy leasing practice, Sandra had run the firm for a number of decades with skill, energy and enthusiasm. She had trained countless law clerks and secretaries, many of whom were present at her large funeral last month. One of the firm’s litigation partners delivered a eulogy on behalf of the Partnership and staff, a transcript of which is here (.pdf).

Sandra will always hold a special place in our hearts and her unique contribution to the office will be sorely missed.

Rest in peace.