2021 Insurance Predictions Report

Wotton Kearney is pleased to provide our 2021 Insurance Predictions Report, looking at the major trends and issues we expect will remain in the spotlight for the insurance industry in our region this year. It’s no surprise that this report addresses some of the horizon issues that we expect to face in the wake of […]

Informed Insurance: Critical Uncertainties 2020/21

2020 has reminded us all how quickly our world can be turned upside down. As the market considers how best to prepare for a resilient future, scenario planning is a key tool that can begin to provide the answers. Wotton Kearney has joined with our Legalign Global alliance partners to produce the Critical Uncertainties series […]

Changes to professional indemnity requirements for solicitors in New Zealand

The New Zealand Law Society is amending the minimum standards regarding professional indemnity insurance for lawyers in New Zealand. The changes, which will come into effect from 4 April 2021, are material and relate to coverage levels and disclosure requirements. Wotton Kearney’s Alison Cupples and Mathew Francis look at these obligations and the associated issues […]

The value of statutory liability cover in an increasingly regulated world

In the post Royal Commission world, regulator activity in Australia has reached new levels. Increased public scrutiny and greater government funding has meant that regulators are encouraged to take significant amounts of investigation and enforcement action against offending businesses. While there has been a brief hiatus due to the impact of COVID-19, various regulators have […]

NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants

Taylor v Asteron Life Limited [2020] NZCA 354: On 19 August 2020, the Court of Appeal upheld insurers’ rights to cancel policies and seek damages when there are fraudulent claims. This decision was also significant as it was the first time the Court of Appeal has applied the common law fraudulent claims rule. In this […]

Striking out a representative action – Houghton v Saunders

Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]

COVID-19 Resource Centre

Wotton Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page you […]

NSW Court of Appeal provides guidance on limitation periods for actions against valuers

Wotton Kearney acted for a valuation firm in proceedings commenced in the Supreme Court of NSW regarding its valuation of a property at Wallalong, NSW. The valuers successfully applied to have a limitation defence determined as a separate question, and the matter was removed to the NSW Court of Appeal. The NSW Court of Appeal […]

NSW Supreme Court refuses leave to sue court-appointed liquidators

Wotton Kearney acted for the court-appointed liquidators in response to an application for leave to commence proceedings against them for alleged negligence and misleading or deceptive conduct. The NSW Supreme Court dismissed the leave application and the proceedings with costs. In this case alert, Cain Jackson, Patrick Boardman and Stephen Morrissey explain why this decision […]

JobKeeper legislation – new risks for EPL insurers

The new JobKeeper legislation, which was passed by the Federal Government on 8 April 2020, confers an extraordinary amount of flexibility on employers to restructure their workforce during the coronavirus crisis.  However, with these new opportunities for employers come a range of new risks. In this article, W+K EPL specalist Chris Mossman explains the issues […]