scholarly journals Claims Made Insurance Policies in New Zealand and Australia: Should New Zealand Enact a Statutory Deeming Regime?

2021 ◽  
Author(s):  
◽  
Stephen Grant Bourne
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Insurance Law ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Trigger Event ◽  
Insured Person ◽  
Practical Effect

<p>A claims made policy protects an insured person or business in relation to claims made against that person or business during the policy period, regardless of when the cause of loss occurred, and regardless of when the claim is notified to the insurer (subject always to the terms of cover and the relevant law). The trigger event for a claim against the insurer is the receipt of the claim or demand by the insured. However, issues can arise when the insured has knowledge of circumstances that may lead to a claim, but the claim itself is delayed, a situation sometimes addressed by way of a contractual 'notice of circumstances' provision coupled with a deeming provision. The proposition in this dissertation is that New Zealand should have a statutory deeming regime affecting claims made insurance policies, similar to that contained within section 40 of Australia’s Insurance Contracts Act 1984 (Cth). However, to properly consider that proposition, it is necessary to review the context within which section 40 arose, its practical effect in that context, and the perceived issues that might be addressed in New Zealand by way of a statutory deeming regime. In particular, it is necessary to acknowledge the juxtaposition of sections 40 and 54 of the Insurance Contracts Act (Cth), and the implications of section 9 of New Zealand's Insurance Law Reform Act 1977.</p>

scholarly journals Claims Made Insurance Policies in New Zealand and Australia: Should New Zealand Enact a Statutory Deeming Regime?

2021 ◽  
Author(s):  
◽  
Stephen Grant Bourne
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Insurance Law ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Trigger Event ◽  
Insured Person ◽  
Practical Effect

<p>A claims made policy protects an insured person or business in relation to claims made against that person or business during the policy period, regardless of when the cause of loss occurred, and regardless of when the claim is notified to the insurer (subject always to the terms of cover and the relevant law). The trigger event for a claim against the insurer is the receipt of the claim or demand by the insured. However, issues can arise when the insured has knowledge of circumstances that may lead to a claim, but the claim itself is delayed, a situation sometimes addressed by way of a contractual 'notice of circumstances' provision coupled with a deeming provision. The proposition in this dissertation is that New Zealand should have a statutory deeming regime affecting claims made insurance policies, similar to that contained within section 40 of Australia’s Insurance Contracts Act 1984 (Cth). However, to properly consider that proposition, it is necessary to review the context within which section 40 arose, its practical effect in that context, and the perceived issues that might be addressed in New Zealand by way of a statutory deeming regime. In particular, it is necessary to acknowledge the juxtaposition of sections 40 and 54 of the Insurance Contracts Act (Cth), and the implications of section 9 of New Zealand's Insurance Law Reform Act 1977.</p>

scholarly journals Insurance Law and the Principle of Indemnity in Light of Ridgecrest NZ Ltd v IAG New Zealand Ltd

2016 ◽  
Vol 47 (1) ◽  
pp. 73
Author(s):  
Kasia Ginders
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Replacement Policy ◽  
Law Reform ◽  
Insurance Law ◽  
Insurance Contracts ◽  
The Supreme Court ◽  
Legal Test

When the Supreme Court discussed the principle of indemnity in Ridgecrest NZ Ltd v IAG New Zealand Ltd, it was referred to as "awkward" in the context of a replacement policy. The application of the indemnity principle in the case raises further questions about the nature of the principle in insurance contracts. It is submitted that the indemnity principle is currently enforceable not as a legal test nor as a policy-based presumption; rather, it is applicable mostly because it is presumed the parties intended it to apply. This conclusion draws on both consideration of the rationales and rules of, exceptions to, and law reform concerning the principle. It also draws on analysis of the principle in light of Ridgecrest and two other recent cases following the Christchurch earthquakes that deal with the principle of indemnity.

scholarly journals RISK CONTROL CLAUSES IN INSURANCE LAW: LAW REFORM AND THE FUTURE

2016 ◽  
Vol 75 (1) ◽  
pp. 109-127
Author(s):  
Baris Soyer
Keyword(s):  
Risk Assessment ◽  
Critical Analysis ◽  
Risk Control ◽  
Risk Prevention ◽  
Law Reform ◽  
Legal Regime ◽  
Insurance Law ◽  
Insurance Contracts ◽  
Potential Impact ◽  
Risk Assessment And Management

AbstractRisk control clauses are often used in insurance contracts with a view to preventing the assured from altering the risk during the currency of the policy. An insurance warranty is the most commonly used risk prevention clause in practice. Having been subjected to severe criticisms for years, the legal regime concerning insurance warranties and other risk control clauses has recently been revamped by the Insurance Act 2015, which will apply to all contracts of insurance concluded after 12 August 2016. This article intends to elaborate on the appropriateness of the reforms introduced by the 2015 Act from risk assessment and management perspectives. It is also intended to offer a critical analysis on the potential impact of the changes on insurance law and practice.

scholarly journals Regulating Pet Insurance in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Ermanto Fahamsyah ◽  
Iswi Hariyani ◽  
Ance Rimba
Keyword(s):  
Civil Code ◽  
Insurance Law ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Legal Force

Nowadays Indonesia has not had a regulation on pet insurance. Meanwhile, in practice, there already are some pet insurance products. This gap has led to pet insurance policies that are only being based on general contract regulations and principles. One of the general contract principles is the consensual principle which is outlined in Article 1320 paragraph 1 of the Civil Code. The research of this paper is conducted based on pet insurance regulations, principles and norms application. It concludes that pet insurance policies that are being based only on the consensual principle have binding legal force as regulated on Article 1338 of the Civil Code. The conception of pet insurance in Indonesia subsequently should refer to the Ministerial Regulations, such as the Regulation of Minister of Agriculture Number 40/Permentan/SR.230/7/2015 regarding Agriculture Insurance Facility and also other supplementary regulations. Keywords: Pet Insurance, Insurance Law, Insurance Contracts.

scholarly journals Should New Zealand Shirk Its Obligations? A Critical Perspective on Private Law Scholarship

2016 ◽  
Vol 47 (3) ◽  
pp. 429
Author(s):  
Bevan Marten ◽  
Geoff McLay
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Coherent System ◽  
Private Law ◽  
Compensation Scheme ◽  
Critical Perspective ◽  
Policy Makers ◽  
Party Autonomy ◽  
Accident Compensation

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.

scholarly journals Earthquake insurance

1969 ◽  
Vol 2 (1) ◽  
pp. 116-118
Author(s):  
J. L. Gill
Keyword(s):  
New Zealand ◽  
Direct Result ◽  
Earthquake Insurance ◽  
Insurance Contracts ◽  
Fire Insurance ◽  
Property Owners ◽  
Made In

Property owners in New Zealand obtain indemnity against loss or damage occurring as a direct result of earthquake shock or earthquake fire under a compulsory extension to a contract of fire insurance. A special earthquake and war damage premium is levied under fire insurance contracts made in New Zealand and is paid by the insurer into a fund which is administered by the Commission under the Earthquake and War Damage Act 1944.

Corporal Punishment: Law Reform Lessons for Australia from South Africa and New Zealand

2021 ◽  
Vol 54 (2) ◽  
Author(s):  
Laetitia-Ann Greeff
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Corporal Punishment ◽  
Cultural Change ◽  
National Level ◽  
Law Reform ◽  
Constitutional Court ◽  
In Loco Parentis ◽  
A Charge ◽  
The Impact

This article compares the law reform methods employed by South Africa and New Zealand to eliminate the defence of ‘moderate and reasonable chastisement’ to a charge of common assault, to determine the best possible law reform strategy for Australian jurisdictions, within the context of its federal system of governance. South Africa and New Zealand banned corporal punishment on a national level, with South Africa prohibiting the use of corporal punishment by way of the judicial condemnation of the Constitutional Court in 2019, and New Zealand’s legislation to ban corporal punishment through Parliamentary processes in 2007. Corporal punishment in the home is still legal in Australia if administered by parents or those in loco parentis. This article focuses on the three Australian States that have enacted human rights legislation—Victoria, the Australian Capital Territory (ACT) and Queensland—and the impact of this legislation on judicial law reform. In this regard, the doctrine of parliamentary sovereignty is discussed in terms of its ability to limit public interest litigation’s viability to strike down inconsistent legislation. The article suggests that all three countries can learn from one another concerning the successes and/or failures of law reform. Furthermore, the article concludes by acknowledging that even though formal abolition is the norm in South Africa and New Zealand, corporal punishment remains widespread. Parents and those in loco parentis must be supported by continual education initiatives to bring about requisite social and cultural change.

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