Insurance

Wynn Williams has forged an international reputation for our expertise in the insurance sector amongst insurers and their policyholders. Our team is recognised as a leader in dispute resolution - sought after for our knowledge of technical aspects of policy coverage as well as the rigour of our liability defence. We are also engaged for our advisory and corporate insurance legal services. Wynn Williams' insurance team, together with individuals within the team, are consistently ranked highly in the Legal 500 and Chambers and Partners legal directories. We are also frequently listed in NZ Lawyer's top performers.

How can we help

We advise across all key insurance lines: financial, professional indemnity, statutory liability, directors' and officers' liability, product and public liability, property and casualty, cyber and crime, health and life. Our services include:

Advising on policy coverage and response
Defending policyholders against liability claims
Representing policyholders in regulatory investigations and prosecutions
Advising on property and casualty claims, including fraudulent claims
Policy and endorsement drafting
Regulatory and corporate advice for insurers
Subrogated recovery actions

Recent projects

- Successfully defended a real estate agent facing misconduct charges brought by the regulator, leading to the disciplinary tribunal ordering costs against the regulator for the first time.

- Advising a mechanical engineer on an extremely technical potential negligence claim involving a high profile new building.

- Successfully defended an author of a work of investigative journalism from a series of defamation and breach of confidence claims in respect of the book.

- Successfully defended a lawyer accused of dishonesty, corruption, and involvement in an international smuggling operation.

- Defending a global machinery manufacturer against a complex product liability claim involving international supply chain issues.

- Successfully resolved a negligence claim against a law firm arising from advice to a company about carrying out a major transaction, which avoided court proceedings and a Law Society complaint.

- Successfully defended a high-profile corporate client at trial and on appeal in the leading case on recklessness arising from a WorkSafe prosecution.

- Negotiated and drafted a collective insurance arrangement for a group of seven South Island District and Regional Councils in relation to infrastructure assets.

RELATED ARTICLES

Insurance Contracts Bill 101

When I began practising insurance law in New Zealand back in 2012, it was apparent that the legal framework was a bit haphazard. This wasn't a new criticism, even ten years ago.

Natural Hazards Insurance Bill

Parliament has introduced the Natural Hazards Insurance Bill, which will replace the Earthquake Commission Act 1993 and overhaul the Earthquake Commission (EQC).

Undue influence – always more difficult to prove in commercial contexts

Making someone do something by threatening or coercing them is duress. But there is an ancient line of cases concerning more subtle means of dishonestly taking advantage.

Personal liability of building inspectors

Plaintiffs need to know it's only appropriate in very specific circumstances to commence proceedings against building inspectors personally in defective building cases.

The ‘mere conduit’ defence – passing on vendor’s documents to purchasers

Real estate agents often seek to add value, help purchasers, or try to maximise the good features of a property, but they need to be very careful when making absolute assurances to purchasers even when there are reports which support their position. A recent case shows that the mere conduit defence continues to be very useful when a claim is made.

Real estate agent complaints at an all-time low

The latest figures have been released from the Real Estate Authority about complaints for the industry. There has been a steady decline in complaints since 2015/16, which some may find surprising.

Basic rules about landslips

There have been catastrophic numbers of landslides in the past few weeks and they may become more common in the future. As the clean-up continues and thoughts turn to rebuilding, questions around insurance coverage and liability will no doubt be top of mind. Partner Richard Hargreaves outlines some of the basic legal rules to consider concerning landslips.

Assessing professional negligence

This article is a very brief consideration of a complicated legal issue. Wynn Williams acts extensively for professional advisers who have been accused of negligence.

Key Contacts

Greg Simms

Greg Simms

Greg Simms

Partner

Ellie Harrison

Ellie Harrison

Ellie Harrison

Partner

Richard Hargreaves

Richard Hargreaves

Richard Hargreaves

Partner

Richard Hern

Richard Hern

Richard Hern

Partner

Wynn Williams Auckland
Level 20, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand. PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
email@wynnwilliams.co.nz

Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand. PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
email@wynnwilliams.co.nz

Wynn Williams Queenstown
Level 2, Te Nuku Building, 43 Ballarat Street, Queenstown 9300, New Zealand. PO Box 323, Queenstown 9348.
+64 3 379 7622
email@wynnwilliams.co.nz