Insurance Law: 3 Key Updates
Ensure that you are across the most topical areas of insurance law by joining us as this focused half day event. You will gain a robust understanding of business interruption policies, receive a critical update on important cases, learn how to draft effective exclusion clauses, and receive insights into where the liability sits as a result of a business failure. WEB226NZA01
Description
Attend and earn 3 CPD hours
Chair: Emma Gabor, Principal, Gabor Law Ltd
9.30am to 10.30am Business Interruption Policies
- What does a BI policy cover?
- Does a person need to have suffered physical damage to insured property to make a BI claim?
- Does it cover COVID related loss?
- How is future loss of income calculated?
Presented by Brad Cuff, Barrister, Capital Chambers
10.30am to 11.30am Exclusion Clauses and Liability Relating to Business Failure
- The current use of exclusion clauses: drafting and enforcement
- Potential Liability claims against directors and officers relating to insolvency and business failure, including those brought by liquidators, receivers or regulators arising from corporate financial collapse
Presented by Melissa Russell, Special Counsel, Kennedys
11.30am to 12.30pm Insurance Case Law Update
In this session, you will review recent court decisions on insurance law and related issues, from NZ and beyond.
Presented by Emily Walton, Partner, Wynn Williams
Learning Objectives:
- Understand what Business Interruption policies cover
- Ensure you’re up to date with the latest insurance case law
- Learn how to apply exclusion clauses when dealing with a business failure
Presenters
Emma Gabor
Emma Gabor is the principal of Gabor Law, a boutique law practice based in Wellington offering insurance and civil disputes services. Prior to setting up her own firm in September 2020, Emma worked for five years as a Claims Counsel in the Liability team at IAG New Zealand, managing professional indemnity, public liability, D&O, and a range of other liability claims, including disciplinary complaints against professionals. Prior to that, she worked for seven years in a national law firm where she advised leading insurance companies on issues involving material damage, business interruption, statutory and public liability policies, and the litigation related to the Canterbury earthquakes. In her spare time, she works toward a PhD investigating what can be done to improve insurance claims for multi-unit buildings such as body corporates, cross-lease properties, and fee simple townhouses with shared construction elements. She is the Convenor of the Independent Practitioners Committee, a Law Society committee which supports sole and small practitioners in Wellington. She is also a founding member of the Women in Insurance network in Wellington.
Brad Cuff
Brad was a litigation partner in an international law firm before becoming a barrister sole in 2020. Brad is a professional member of the New Zealand Law Society and New Zealand Insurance Law Association. With extensive experience in insurance litigation and advice, Brad’s professional roles have included in-house legal service for a major medical indemnity insurer, heading the legal, risk and compliance team at a major US insurer and a top tier Sydney law firm. Brad has acted for some of New Zealand's largest insurers together with Australian insurers and underwriting agencies having a thorough knowledge and understanding of legislative and regulatory environments. His practice covers a wide range of insurance areas and civil litigation.
Melissa Russell
Melissa is a special counsel with over 15 years of experience working in global insurance law teams in New Zealand, London, Hong Kong and Singapore. She specialises in construction, property damage, and product liability matters. Melissa has also worked for a global insurer as its Asia Pacific wordings counsel. Melissa represents insurers and their insureds in the investigation and defence of a variety of large loss matters, which include but are not limited to; construction, public and product liability, property, construction, general liability claims. Melissa also has extensive experience of advising on insurance and reinsurance coverage issues across the aforementioned lines of business. She also assists insurers with the drafting of policy wordings (all lines), endorsements, and advises on regulatory matters in New Zealand. The claims she works on are of a high value and technically complex. They involve a range of experts from different disciplines on both liability and quantum. Melissa also has experience of a range of dispute-resolution techniques, including numerous mediations and adjudications as well as having trial experience in the High Court of New Zealand.
Emily Walton
Emily is a specialist insurance lawyer and a key member of Wynn Williams' national Dispute Resolution team. She has over 15 years' of experience in New Zealand, England and Australia representing insurers in the District Court, High Court and Court of Appeal. While overseas, Emily's focus was professional indemnity and personal injury litigation, including time as in-house counsel for an international broking house. Since the Canterbury Earthquakes, Emily has been heavily involved with defending claims in the High Court Earthquake List. She has also developed expertise in commercial material damage and business interruption claims and construction disputes. Emily is recommended and recognised as a Leading Individual by “The Legal 500 Asia Pacific 2022” for her work in Insurance Law. She is described as "a leading light in domestic and commercial earthquake insurance claims". Clients describe her as "an outstanding lawyer. An intelligent, strong advocate with sound judgment and compassion.” Emily is "commercial, easy to get along with, and has an excellent understanding of the law and legal practice.” Previous legal directories describe her as "a hands-on practitioner, always on top of her brief and close to her clients, who trust her"