Bell Gully advises many of New Zealand’s major insurers, insured companies and associations on regulatory compliance and policy wording, as well as M&A matters in the insurance industry. It continues to work with leading insurers in negotiating the Natural Disaster Response Model. Described by clients as a ‘first choice for particularly difficult insurance law issues’, senior litigator David Friar leads the practice alongside corporate partner Glenn Joblin, with the assistance of special counsel Katie Dow, whose practice covers policy documentation and the regulatory aspects of corporate transactions, with a focus on the financial services industry.
Insurance in New Zealand
Bell Gully
Praxisleiter:
David Friar; Glenn Joblin
Weitere Kernanwälte:
Katie Dow
Referenzen
‘Able to give robust and well researched legal opinions in uncertain areas of law. Able to resource litigation with a relatively large team of lawyers.’
‘David Friar is able to give robust and firm opinions on uncertain areas of law, is a safe pair of hands for trial work due to his extensive trial experience, and is great to work with. David is our first choice for particularly difficult insurance law issues.’
Kernmandanten
AIA New Zealand Limited
Cigna Life Insurance NZ Limited
Fidelity Life Assurance Company Limited
IAG New Zealand Limited
Insurance Council of New Zealand
Medical Assurance Society NZ Limited
Resolution Life Australasia Limited
Southern Cross Medical Care Society
Southern Response Earthquake Services Limited
Suncorp (including Vero Insurance New Zealand Limited, AA Insurance Limited, Asteron Life Limited)
Highlight-Mandate
- Acting for The Fletcher Construction Company (FCC) in relation to a fire that began at the New Zealand International Conference Centre on 22 October 2019.
- Advised Blackstone on the sale of 100% of the shares in the holding company of New Zealand licensed insurer Partners Life to Dai-Ichi Life.
- Issued proceedings in the High Court at Auckland on behalf of Diversified NZ Property Trust (DNZ) on its material damage claim relating to a combined cinema and 300-space car parking complex.
Duncan Cotterill
A national practice with multiple offices across the country, Duncan Cotterill is well known for its work in insurance claims and disputes, as well as its advice on corporate restructuring and governance issues. The team is also well versed in issues relating to indemnity and liability and reserve reporting. Experts in professional indemnity insurance work Jonathan Scragg in Wellington and Auckland’s Duncan McGill act for insurers and professionals in defending civil liability claims and disciplinary processes. Paul Smith and Rob Coltman specialise in litigation, handling a wide range of disputes, including subrogated recovery claims and defence litigation for insurers.
Praxisleiter:
Jonathan Scragg
Weitere Kernanwälte:
Duncan McGill; Paul Smith; Rob Coltman
Kernmandanten
IAG
NZI
QBE
AIG
AMI
State Insurance
Lumley
Tower
Crombie Lockwood
Delta
Highlight-Mandate
- Advised New Zealand Consulting Engineers in relation to a claim of misrepresentation and negligence brought by the purchaser of a commercial building, triggering the insurance cover.
- Acting for two clients insured through a cyber cover product in relation to the ransomware attack of Mercury IT.
- Acting for an architectural firm in a defective building claim.
Fee Langstone
Based primarily in Auckland, insurance is the cornerstone of Fee Langstone‘s practice. Renowned for its expertise in policy advice and indemnity matters, its capabilities also extend to regulatory and compliance work and professional disciplinary complaints. Department co-heads Philippa Fee, who clients describe as a ‘true insurance expert‘ with ‘wide ranging experience across various insurance lines’, and Craig Langstone are leaders in the industry, with Langstone advising across the whole spectrum of insurance matters, including professional indemnity, public liability, business interruption and parametric insurance. Pauline Davies is highlighted as ‘extremely knowledgeable and approachable in the marine field’. Litigators Cecily Brick, Matthew Atkinson, Virginia Wethey and counsel Bradley Alcorn are key practitioners in Auckland.
Praxisleiter:
Philippa Fee; Craig Langstone
Weitere Kernanwälte:
Pauline Davies; Cecily Brick; Matthew Atkinson; Virginia Wethey; Bradley Alcorn
Referenzen
‘The firm has a solid grasp of insurance and admiralty law and practice.’
‘Pauline Davies – advice from her is always solid, well thought out and succinctly delivered. ’
‘Phillipa Fee – true insurance expert, capable court lawyer, wide ranging experience across various insurance lines. Virginia Wethey – highly capable insurance lawyer who gets great results.’
Kernmandanten
Ando
AIG (NZ), AIG Australia, AIG Europe (UK) Ltd
AIG Speciality Claims Australasia
Allianz New Zealand
Allianz Australia Ltd
Ando Insurance Group Ltd
Antares Managing Agency Ltd
Argo Managing Agency Ltd
AXA Climate
Berkshire Hathaway Speciality Insurance
Canopius Syndicate
Chaucer Syndicates Ltd
Chubb Insurance NZ
Cloud Collections Ltd -on behalf of Capricorn Mutual Ltd
Club Marine Ltd
Crombie Lockwood
Delta Insurance
Dual NZ
FMG Insurance
General Reinsurance Corporation
ICIB
International Transport Intermediaries
Lloyds of London
Manchester Underwriting Management Ltd
Marsh
Newline Syndicate 1218
NZI & NZI Marine (IAG)
NZ Underwriting Agencies Ltd
QBE European Operations
QBE Insurance (Australia) Ltd
QBE Fiji
QBE Smartpak
RedSky Insurance
Southern Cross Benefits Ltd
Steadfast Group
SURA
Thomas Miller
Tokio Marine & Nichido
Vero Insurance (New Zealand) / Suncorp
Zurich New Zealand
Highlight-Mandate
- Acted for Vero Insurance (Suncorp Group) in a proceeding concerning earthquake damage to a group of industrial and commercial buildings.
- Acted for the three co-insurers (AIG, Vero, NZI) of a marine cargo policy issued in respect of used cars being imported into New Zealand from Japan.
- Acting for QBE Insurance (Australia) in respect of a claim brought by Body Corporate 423090 following earthquake damage sustained to the Body Corp’s building in Christchurch known as Pacific Tower.
Wotton + Kearney
Market-leading practice Wotton + Kearney represents major players in the New Zealand and London markets, as well as local brokers and corporate insureds. Key areas of work include general liability, financial lines, complex property claims, employment practices liability, cyber/privacy and subrogated recoveries. Managing partner in Wellington Antony Holden is supported by a sizeable team in Auckland and Wellington including professional indemnity specialist Mathew Francis, experts in material damage and business interruption claims Richard Flinn and Caroline Laband, as well as senior partner Peter Leman. Misha Henaghan, Shane Swinerd and counsels Andrew Moore, Matthew Booth and Hugh King are also recommended for such claims. Rebecca Scott leads on employment litigation.
Praxisleiter:
Antony Holden; Rebecca Scott
Weitere Kernanwälte:
Andrew Moore; Shane Swinerd; Hugh King; Matthew Booth; Richard Flinn; Peter Leman; Misha Henaghan; Caroline Laband
Referenzen
‘W+K provides a complete insurance service for every discreet aspect of insurance capabibility with experts in every field.’
‘This is a ‘relationship first’ relationship.’
‘The partners and team are always very approachable and willing to assist. The are open to feedback and criticism and clearly very interested in the work we do together.’
Kernmandanten
AIG New Zealand
AXA XL
Berkshire Hathaway Specialist Insurance
Crombie Lockwood / AJ Gallagher & Co
Chubb Insurance
DUAL New Zealand
Munich Re
QBE Syndicate 386 (Lloyd’s)
Vero Liability New Zealand
Zurich Australian Insurance
Highlight-Mandate
- Acting for insurers Mitsui Sumitomo Insurance and Vero Insurance New Zealand in relation to a claim for damage to three buildings during the Christchurch earthquake sequence.
- Acting for fire engineer Holmes Fire & Safety in High Court litigation relating to a 406-unit, 40-level apartment tower.
- Acting for the defendant in litigation brought by the Financial Markets Authority (FMA) alleging 136 contraventions of the relevant legislation.
DLA Piper New Zealand
With a global network of overseas insurers and reinsurers doing business in New Zealand, DLA Piper New Zealand is routinely instructed on W&I insurance, regulatory matters, policy drafting and privacy issues. In Wellington, Rachel Taylor focuses on the consumer law aspects of offering insurance, and general commercial and corporate advice. Emma Moran is the lead litigator for insurers and insureds on claims, including those connected to professional liability and indemnity.
Praxisleiter:
Rachel Taylor; Emma Moran
Referenzen
‘I’d highlight their knowledge of our business and the understanding of our requirements.’
Kernmandanten
AIA International Limited/AIA New Zealand Limited
AIG New Zealand Limited
Allianz Australia Insurance Limited
Aon New Zealand Limited
Berkshire Hathaway
Chubb Insurance New Zealand Limited
CNA Hardy
Crombie Lockwood (New Zealand) Limited (part of AJ Gallagher Group)
FMG
Marsh New Zealand
Medical Assurance Society
Mitsui Sumitomo Insurance Company Limited
Nautilus Marine Underwriting Agent Pty
OMPL
Partners Life
Pacific International Insurance
Rothbury Group
Steadfast Group
SUA (Specialist Underwriting Agency Pty)
Tokio Marine HCC
Tower Insurance Limited
Zurich New Zealand
Highlight-Mandate
- Representing Body Corporate, the owner of a high-rise building in Christchurch which suffered considerable damage during the Canterbury earthquakes, in a six-week trial in the Christchurch High Court.
- Advising Covergenius on launching an insurance-like product in New Zealand.
- Advised AIG on its sell-side and/or buy-side warranty indemnity insurance policies written on New Zealand transactions.
Gilbert Walker
Known for its insurer representation in complex and sensitive indemnity matters, Gilbert Walker is sought after for a range of property damage and earthquake-related claims. Matthew Harris, Martin Smith and Iva Rosic are the lead litigators for insured clients in civil proceedings, regulatory investigations and prosecutions, appearing in both courts and in arbitration proceedings. Harris is noted for his expertise in product liability, disciplinary complaints against barristers and solicitors as well as professional negligence.
Praxisleiter:
Matthew Harris; Iva Rosic; Martin Smith
Referenzen
‘Martin Smith, Matthew Harris and Iva Rosic provide very detailed advice, leaving no stone unturned.’
‘They think through all of the angles of the advice before finalising.’
‘Excellent knowledge of the law, precise and concise drafting.’
Kernmandanten
Vero Liability
Tower Insurance
IAG
Aon
DUAL
SkyCity Entertainment Group Ltd
Highlight-Mandate
- Acting for Vero Liability in relation to High Court proceedings brought by Auckland Trotting Club Incorporated.
- Acting on the instructions of its liability insurer for one of the defendants to the prosecution by the New Zealand health and safety regulator, WorkSafe, following the Whakaari White Island eruption.
- Acting on the instructions of its liability insurer for Marlborough Electric Power Trust, in the first major consideration by the High Court of the rights of trust beneficiaries to trust information under the new Trusts Act 2019.
Hesketh Henry
Hesketh Henry demonstrates strength in coverage, business interruption, cyber, professional indemnity, health and safety, and regulatory matters. With over three decades of experience, Alan Sherlock leads the practice, specialising in supporting insurers and pursuing or defending claims as they relate to marine insurance, fire insurance, reinsurance and third-party liability. Litigator Helen Macfarlane and managing partner Christina Bryant are also key practitioners. Counsel Stephanie Corban also defends insureds in relation to negligence claims.
Praxisleiter:
Alan Sherlock; Helen Macfarlane; Christina Bryant
Weitere Kernanwälte:
Stephanie Corban
Referenzen
‘A team of diverse and competent lawyers, who have good experience and a committment to their clients.’
‘Stephanie Corban is a good operator, who is honest, hardworking and has good attention to detail.’
‘The biggest attribute of Hesketh Henry is their prompt and efficient service. The team that we have had the pleasure of working with are very much relatable and provide sound advice. Hesketh Henry are always proactive and keep their clients well informed.’
Kernmandanten
Suncorp Group New Zealand Ltd
Vero Insurance
AA Insurance Ltd
AIG Insurance
Chubb Insurance
Underwriting Agencies of New Zealand Ltd / Underwriting Agencies of Australia Pty Ltd
Charterers P & I Club
Dual New Zealand Ltd
AmTrust International
The New India Assurance Co Ltd
Ando Insurance
Compagnie Française D’Assurance Pour Le Commerce Extérieur (Coface)
Highlight-Mandate
- Acting for Vero Insurance in High Court proceedings concerning a NZ$20m claim following fire damage to a very large aluminium extrusion plant.
- Advised Underwriting Agencies of New Zealand on an important but unsettled area of insurance law in New Zealand, namely the applicable legal test for whether an insured has taken reasonable care.
- Acting for Vero Insurance in an important claim arising from a manufacturing defect causing a vehicle fire.
MinterEllisonRuddWatts
MinterEllisonRuddWatts focuses on representing international underwriters, brokers and insureds on their claims against local and international insurers, advising on regulatory investigations, health insurance claims and broker negligence. Andrew Horne and Nick Frith are the key contacts in Auckland, with Frith being described as ‘someone you can trust to do a really spectacular job’ and Horne specialising in commercial disputes, corporate and regulatory issues, financial services insurance as well as matters in the cyber and technology fields.
Praxisleiter:
Andrew Horne
Weitere Kernanwälte:
Nick Frith
Referenzen
‘Fantastic people, awesome technology and amazing at keeping clients up to date with wider insurance developments and topics of interest. ’
‘Nick Frith is incredible, very responsive, goes out of his way to help. Someone you can trust to do a really spectacular job.’
‘Minters has excellent technical insurance knowledge which has been very helpful for us to call on for specialised advice. They provided very comprehensive advice.’
Kernmandanten
Aon
AIA
Marsh
Southern Cross Insurance
Youi NZ
Medical Assuarnce Society New Zealand
Tower Insurance
Fulton Hogan
PIC Insurance Brokers
Te Kaunihera o Tāmaki Makaurau | Auckland Council
Highlight-Mandate
- Acting for Marsh in a variety of claims, disputes and advisory matters, including E&O resolution and litigation legal services.
- Acting for Medical Assurance Society in a variety of claims, disputes and advisory matters for the general, life and health insurance businesses.
- Acting for a large New Zealand local government entity in all its insurance claims arising from potential liabilities for defective building works.
Robertsons
Founding partners Michael Robertson and Helen Twomey at Robertsons are well regarded, highlighted by one client as 'happy to look for outside-the-box solutions’. The team expanded with the addition of commercial and civil litigator Tom Pasley from Fee Langstone in January 2023. As one of a handful of New Zealand’s specialist insurance law practices, the team is noted for its capabilities in defending property damage and construction claims and for its ‘strong experience with policy wording drafting’, while also remaining active in professional liability and general liability cases.
Praxisleiter:
Michael Robertson; Helen Twomey
Weitere Kernanwälte:
Tom Pasley
Referenzen
‘All individuals we work with are easily contactable, able to provide a high level of service and advice at very short notice. All partners have strong experience with policy wording drafting built from experience in litigation and claims handling in liability insurance.’
‘Robertsons have a significant amount of experience in liability claims handling and litigation. This experience has been invaluable for providing expert advice when drafting policy wordings which enable the wordings to be tested against realistic scenarios. The team can approach problems from multiple viewpoints which enables quality outcomes. In addition to expert legal advice, Robertsons have provided exceptional service and empathy to our customers particularly where trauma has occurred.’
‘I am heavily reliant on the legal advice for policy wording drafting for insurance policies and complementary attributes of Michael Robertson and Helen Twomey provide us with an outstanding outcome in this process.’
Russell McVeagh
Russell McVeagh continues to be known for its advisory and contentious work with the Toka Tū Ake Earthquake Commission regarding its obligations arising from the Canterbury earthquake sequence. Acting principally on coverage disputes, Marika Eastwick-Field co-heads the practice alongside Nathaniel Walker, who is knowledgeable in claims arising out of natural catastrophes. Tom Hunt is the lead partner for insurance regulatory work.
Praxisleiter:
Marika Eastwick-Field; Nathaniel Walker
Weitere Kernanwälte:
Tom Hunt
Referenzen
‘My experience with their team clearly demonstrates their pragmatic and practical approach to helping clients: understand their policy coverage, understand their risks better, provide practical and usuable advice and guidance.’
‘Marika Eastwick-Field spends time listening and clearly understanding the client’s needs. She is very practical and down to earth.’
Kernmandanten
Toka Tū Ake EQC (Earthquake Commission)
National Australia Bank Limited
Highlight-Mandate
- Acting for Toka Tū Ake EQC (a New Zealand Crown entity that provides natural disaster insurance), in a wide range of litigation, including potential class actions, arising from the Canterbury earthquake sequence.
- Advising National Australia Bank on the sale of its New Zealand life insurance business to Partners Life.
Simpson Grierson
Simpson Grierson‘s team are liability specialists, working across all policy lines for national and international insurers. For insureds, the practice continues to handle material damage and business interruption claims arising from the Canterbury earthquakes and Cyclone Gabrielle. Practice head Helen Smith is an experienced defence counsel in professional indemnity, public and product liability. Special counsel Robert Gapes is highly recommended for product liability, as are litigators John Shackleton and Jania Baigent.
Praxisleiter:
Helen Smith
Weitere Kernanwälte:
Robert Gapes; John Shackleton; Jania Baigent
Referenzen
‘Helen Smith has good relationship with our clients that she acts for -and can handle difficult clients well.’
‘Simpson Grierson has a strong insurance team with particular expertise in the construction dispute area.’
‘Helen Smith – Construction PI expert.’
Kernmandanten
Berkshire Hathaway Speciality Insurance
DUAL New Zealand Limited
Fidelity Life Assurance Company Limited
IAG New Zealand Limited
nib nz holdings limited
UniMed
Vero Liability Insurance Limited
Highlight-Mandate
- Defending Fidelity Life Assurance Company in High Court proceedings brought by a former insured, for failing to pay out under an income protection policy.
- Advising nib on the acquisition of 100% of shares in OrbitProtect, a distributor of travel insurance in New Zealand.
Wynn Williams
Wynn Williams advises major New Zealand and offshore insurers, Lloyds syndicates, national brokers and corporate insureds on professional liability, statutory liability, and fire, property and health insurance claims. Richard Hern is active in disputes involving real estate agents on instructions either directly from real estate firms or their insurers, as well as complex and high-value life insurance claims. In Christchurch, professional indemnity specialist Richard Hargreaves defends lawyers, architects, project managers and real estate agents. Greg Simms heads the practice. Emily Walton left the firm in January 2023.
Praxisleiter:
Gregg Simms
Weitere Kernanwälte:
Richard Hern; Richard Hargreaves
Referenzen
‘Noted for their knowledge and understanding of insurance law. They understand our business and therefore can provide meaningful feedback and recommendations.’
‘It is the people, in particular Richard Hern. He is well respected by his clients and whenever a file is delegated to Wynn Williams our managers always say they are in good hands.’
Kernmandanten
AIG Insurance New Zealand
NZI Liability / IAG New Zealand
Chubb Insurance
Delta Insurance
Berkshire Hathaway Speciality Insurance
QBE Insurance
Southern Response Earthquake Services
Newline Underwriting Management
Tokio Marine & Nichido Insurance
Barfoot & Thompson
Highlight-Mandate
- Advised a multinational insurer and its insured on a liability matter worth NZD$3,000,000.
- Advised Waste Management NZ and its insured on a recklessness prosecution worth NZD$2,000,000.
- Advised a financial lines insurer on a multiple defamation proceedings matter.
Wilson Harle
Wilson Harle excels in coverage advice and disputes, often acting for overseas insurers or reinsurers in specialised or disputed claims, particularly Lloyd’s syndicates or London market firms. The team is comprised of litigation expert and practice head Ian Denton, senior partner Chris Browne and Felicity Monteiro.
Praxisleiter:
Chris Browne; Ian Denton; Felicity Monteiro
Referenzen
‘Outstanding abilities in litigation generally including all aspects of complex commercial insurance claims.’
Kernmandanten
Napier City Council
Highlight-Mandate
- Acting for Napier City Council in test case proceedings regarding the scope of cover available for councils for non-weather tightness defects alleged in ‘leaky building’ proceedings.