Insurance Law: Best Practice, Significant Changes and Recent Decisions
This is a not-to-be-missed opportunity for all lawyers working on insurance matters, to catch up on the critical cases and legislative and regulatory developments that you need to know. Benefit from a critique of best practice approaches for running an insurance matter to ensure that you have covered all bases and get the best outcome for your client. WEB246NZA12
Description
Attend and earn 4 CPD hours
Chair: Aaron Sherriff, Partner, Duncan Cotterill
9.00am to 10.30am Legal Updates on Insurance Regulations and Legislative Developments
Significant changes to insurance law and insurance regulation are on the horizon in New Zealand. Hear updates on the ongoing reviews and summaries of the confirmed changes
- Natural Hazards Insurance Act 2023 (NHIA)
- Insurance (Prudential Supervision) Act 2010 (IPSA) reforms
- Managing climate-related risks
- Insurance contract law review
- Unfair Contract Terms (UCT)
Presented by Emma Moran, Partner, DLA Piper
10.30am to 10.45am Break
10.45am to 12.15pm INTENSIVE CASE UPDATE: Recent Cases and Decisions
A walk through some of the important developments in New Zealand insurance case law including the decisions in:
- Work v IAG New Zealand Limited
- Grace & Ors v Leisure Investments Limited
- Napier City Council v LGMFL
- Beca v Wellington City Council
- Cavern v QBE & IAG
Presented by Brad Cuff, Barrister, Capital Chambers
12.15pm to 1.15pm Best Practice for Insurance Matters
Hear about best practice approaches for insurance matters and learn about the critical areas that can cause problems for you and your client.
Presented by Stephanie Corban, Special Counsel, Hesketh Henry
Learning Objectives:
- Receive best practice guidance for approaching insurance matters
- Hear important updates on significant legislative and regulatory changes
- Review recent and important decisions
Presenters
Aaron Sherriff, Partner, Duncan Cotterill
Aaron specialises in commercial litigation and insurance law and has experience managing large, complex disputes, regularly appearing in the Courts and in mediation. He has been in practice for over 20 years and is qualified in both New Zealand and British Columbia, Canada. Aaron has acted for liability and general insurers in both New Zealand and Canada advising on indemnity issues and defending insured liability claims. This includes work on professional negligence claims (particularly engineers and architects), general liability policies (particularly in the construction sector), directors and officers liability policies (including claims by liquidators, minority shareholders and investors), and course of construction/contract works policies. He is also regularly engaged to act for liability and property insurers on first party and third party commercial losses arising out of major events, including fire, earthquake, and flood. Aaron is Duncan Cotterill’s representative on the Global Insurance Legal Connect (GILC) Construction Special Interest Group.
Stephanie Corban, Special Counsel, Hesketh Henry
Stephanie is a Special Counsel at Hesketh Henry and has 20 years’ experience in civil and commercial litigation. She specialises in insurance and construction litigation. Stephanie acts for insurers on professional indemnity claims, cover issues and subrogated recoveries. She also deals with a variety of civil matters, including acting for plaintiffs and defendants on property and construction disputes. In view of the fact that very few civil disputes proceed to trial, Stephanie usually resolves claims through direct negotiation and at mediation. Stephanie is a member of the New Zealand Insurance Law Association (NZILA) and an affiliate member of the Arbitrators and Mediators Institute of New Zealand (AMINZ).
Emma Moran, Partner, DLA Piper
Emma is an experienced litigator who specialises in dispute resolution and commercial litigation. She is an effective advocate who has experience representing clients at most levels of Courts, before specialist tribunals, in mediations and at arbitration. Her core work is advice and litigation focused on regulatory, government, corporate and insurance clients across New Zealand and globally. She has a particular focus on public law, building and construction, and life sciences regulatory issues.
Brad Cuff, Barrister, Capital Chambers
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.
Nick Frith, Partner, MinterEllisonRuddWatts
Nick is a general commercial litigator focused on achieving strategically significant outcomes for clients across all dispute resolution processes. Nick is listed as a ‘Next Generation Partner’ in both the dispute resolution and insurance categories of The Legal 500 Asia Pacific directory. He was also named one of NZ Lawyer’s 2022 Rising Stars. His advice is described by clients as “spot on” and commercially practical. He regularly acts for major banks, companies, boards of directors, shareholders, and insolvency practitioners on a range of disputes. He also represents insurers, global and boutique insurance brokers, and insureds (both independently and on instruction from insurers). His clients have included Aon, Marsh, Medical Assurance Society, Frank Risk and several Lloyd’s syndicates. Nick advises on strategies to resolve disputes relating to distressed debt and company failures, including debt recovery and enforcement actions. He also has extensive experience in shareholder disputes, warranty claims, and other post-sale actions in M&A and other corporate transactions. He has substantial expertise in defending negligence claims against brokers, advising on, negotiating, and litigating property damage and business interruption claims (both for insurers and insureds), and income protection insurance claims. He also assists with placement, and with coverage and claims disputes. Nick works closely with other practices within the firm on insurance-specific elements of major infrastructure projects and complex corporate transactions. An experienced advocate, Nick has appeared as lead counsel in the District and High Courts and as junior counsel (often to King's Counsel) in the High Court and Court of Appeal. He has also resolved complex disputes in mediations and negotiations. Nick is known for his technically excellent and strategic advice. Clients value his responsiveness and the care he takes to understand their businesses and their desired outcomes. He keeps his eye on the end goal and his advice is easily applied. With secondment experience at Marsh early in his career, Nick has invaluable insight into the commercial realities and complexities of New Zealand business. Nick co-edits the firm’s insurance legal industry magazine, Cover to Cover, and he regularly presents on insurance issues.