FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd [2022] FCA 862
Head contractors will often assume contractual responsibility for both design and construction of a development. This remains their contractual responsibility, even if they engage consultants or subcontractors to carry out the design on their behalf.
Read MoreCatherwood v Asteron Life Ltd [2022] NZHC 3296
The High Court has recently denied Mr Catherwood’s claim for breach of a life insurance policy for terminal illness. The Court addressed the issue of whether the definition of “terminal illness” and “terminally ill” in the policy intended to take into account the effect of available medical treatment on a person’s life expectancy. The Court held that Asteron Life Limited (Asteron) had not breached the terms of the contract of insurance by denying the terminal illness extension of the life policy, when Mr Catherwood had treatment available to him that meant he was not going to die.
Read MoreThe Ministerial Inquiry report into woody debris (including forestry slash) and sediment in Tairāwhiti/Gisborne and Wairoa has been presented to the Government.
Read MoreAfter concern that financial advisers with extensive experience are leaving the industry, the Australian government has released a draft bill removing tertiary education requirements for them.
Read MoreBeca Carter Hollings & Ferner Limited v Wellington City Council [2022] NZCA 624
The Court of Appeal has recently upheld a High Court decision that the Building Act 10-year longstop does not apply to contribution claims against third parties. Contribution claims are instead governed by s 34 of the Limitation Act 2010. This means that time does not begin to run on contribution claims until settlement or judgment occurs. Insurers of third parties, such as professionals or construction entities, remain potentially ‘on the hook’ for much longer than previously thought.
Read MoreMoorhouse Commercial Park v Vero Insurance [2022] NZHC 3260
The High Court has delivered its judgment in a proceeding brought by the owner of a group of industrial buildings damaged by the Canterbury earthquakes, in a decision that will be welcomed by insurers.
As a result of the recent flooding and Cyclone Gabrielle weather events, Fee Langstone has assembled an experienced flood damage response team ready to assist clients with claims issues as they arise.
First party property claims are a substantial part of our practice. We were extensively involved in claims arising out of the Canterbury, Seddon and Kaikoura earthquakes. We also have significant experience in claims arising out of fire, landslips and other natural disasters.
Our flood response team comprises partners Craig Langstone, Cecily Brick and Virginia Wethey and Special Counsel Andrew Durrant. We are ready to provide our clients with specific claims advice as well as general policy advice and claims/settlement strategy.
Pauline, Hannah and Kaartik give an overview of the New Zealand Insurance sector for Thomson Reuters Regulatory Intelligence.
Read MoreWe are pleased to announce that we celebrated several very well-deserved promotions recently. Andrew Durrant moved into his new role as Special Counsel. Morgan Fee, Frances Jones and Jonathan Lewis have transitioned to Senior Associate roles.
Read MoreChambers Rankings 2023
We are very pleased to announce that Fee Langstone was ranked once again as a Band 1 firm for Insurance in the Chambers Asia Pacific Rankings for 2023. This year marks milestones for the firm as it is our eighth ranked year. This year marks Philippa Fee's ninth year ranked for Insurance and Pauline Davies's tenth year ranked for shipping. Pauline was also a contributor to the Chambers Global Practice Guide for Shipping for 2022.
Get to know Ashleigh Moana-Howard who joined the FL team in July as a Senior Solicitor.
Read MoreJDA Co. Ltd and ors v AIG Insurance New Zealand Limited [2022] NZCA 532
The New Zealand Court of Appeal has just delivered its first-ever judgment on the operation of a marine open cargo policy and, in doing so, affirmed orthodox principles taken from English law.
Read MoreBTI 2014 LLC v Sequana SA [2022] UKSC 25.
On 5 October 2022, the UK Supreme Court released its long-awaited and self-described “momentous” decision considering the fiduciary duty of directors to act in good faith in the interests of the company. Specifically, this decision is the first time that the UK Supreme Court (or the House of Lords) has confirmed that directors owe a duty to consider or act in the interests of the company’s creditors if the company becomes or is at risk of becoming insolvent. In so doing, the decision has implications for directors in New Zealand.
With demurrage and detention have become particularly hot topics since COVID. This paper discusses some international developments in the area, some ideas for reform and also some steps that freight forwarders can take to protect themselves against clients who don’t want to pay for these costs.
Read MorePartner Craig Langstone was honoured to be awarded a Lifetime Membership at the NZILA Conference held in Queenstown on 29th to 30th September. It is only the fourth Lifetime Membership awarded in the 30 or so years that the New Zealand Insurance Law Association has existed and is in recognition of many years of service to the NZILA.
Read MoreMDS Inc v Factory Mutual Insurance Co [2021] ONCA 594
A corrosion exclusion is a common feature of many policies. In this article, we look at a Canadian decision which held that a corrosion exclusion applied to “unanticipated” corrosion at a nuclear facility, leading to a leak, which in turn led to a shutdown. But the shutdown was not resultant physical damage, so that there was no cover for the losses which resulted.
Read MoreIn August last year we reported on the High Court decision of Grice J in Napier City Council v Local Government Mutual Funds Trustee Limited (Riskpool). In that decision, Her Honour held that the Council was not indemnified under its professional indemnity insurance policy with Riskpool as the claim against it was in respect of both weathertightness and non-weathertightness defects. Consequently, the policy’s weathertightness exclusion clause applied to the entire claim. At the time, we commented that the decision may have come as a surprise to many in the insurance industry as it went against the approach taken by many insurers, which was to differentiate between weathertightness and non-weathertightness defects when considering indemnity. It was only when there was a defect which was caused or contributed to by an excluded peril that was excluded from cover.
Read MoreSolicitor Kaartik Achari graduated in January 2021 with a Bachelor of Laws (First Class Honours). Prior to that, he completed a Bachelor of Commerce majoring in Marketing and Management. He was admitted to the Bar in August 2021.
Before joining Fee Langstone in 2022, Kaartik worked within the dispute resolution team of a specialist employment relations firm. Kaartik speaks fluent Hindi and worked as a Court Interpreter whilst at university. Since
Read MoreManaging potential conflicts of interest and threats to objectivity is a fundamental requirement for chartered accountants and assurance practitioners in complying with their professional and ethical obligations. But all too often identifying and addressing conflicts of interest can be a ‘blind spot’, regardless of a practitioner’s level of experience.
Read MoreAt Fee Langstone we’re experts in the field of insurance law. We are a team of skilled litigation lawyers, able to work with you to provide strategies and robust solutions, fast.
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