Connect with meNancy acts for insurers and their clients across a wide range of liability claims, with a focus on professional indemnity claims against financial services and construction professionals. Her clients include solicitors, accountants, valuers, real estate agents, engineers and architects, who she represents in civil litigation disciplinary proceedings and regulatory investigations.
Beyond defence work, Nancy advises insurers on coverage issues under professional indemnity, general liability, product liability, D&O and cyber policies. She provides early risk assessments and clear, strategic advice.
Nancy also has expertise in cyber security and data privacy matters, including incident response and advising businesses targeted by ransomware attacks
Professional Indemnity
Civil disputes
- Successfully negotiatedsettlement and discontinuance of a numberof District Court and High Court proceedingsagainst various real estate agents.
- Successfully negotiated settlement anddiscontinuance of proceedings against a solicitor in amulti-party High Court claim, while proceedingscontinued against the vendor.
- Acted for a valuer defending a High Courtnegligence claim brought by a Chinese internationalbank in respect of an alleged mortgage fraud.
- Acted for a multi-disciplinary land developmentconsultant to defend a High Court claim concerninga failure to obtain fast-track consent from theEnvironmental Protection Authority for a subdivision project.
Disciplinary
- Successfully avoided adverse disciplinary findingsagainst various real estate agents for complaints ofmisleading conduct, failure to disclose information,failure to identify hidden defects, etc.
- Successfully appealed to the Lawyers and ConveyancersDisciplinary Tribunal to overturn an adverse findingagainst a conveyancing solicitor for alleged conflict ofinterest.
- Defended a legal aid lawyer on charges of negligenceand incompetence in the Lawyers and ConveyancersDisciplinary Tribunal and avoidingthe suspension sought by the prosecutor.
- Assisted a sole practitioner to apply to the LegalComplaints Review Office for a review of disciplinaryfindings in respect of negligence and incompetence,resulting in findings being overturned.
- Defended an architect in a disciplinary investigationby the New Zealand Registered Architects Board andsuccessfully applied for non-publication orders.
- Obtained retractions and apologies from news outletsfor defamatory publications concerning clients’ allegedconduct and/or disciplinary or liability findings.
General Liability
- Provided coverage advice to a global insurer concerninga complex property damage/product recall claim againstan international pharmaceutical company, and inrespect of primary and excess policy layers acrosstwo jurisdictions.
- Acted on behalf of a liability insurer for a manufacturingand packaging company in a contractual dispute with acustomer for supply of incorrect product.
Inquiries, Investigations + Prosecutions
- Acted for one of several real estate franchisees underinvestigation by the Commerce Commission for allegedcartel conduct. Civil proceedingswere subsequently brought against the otherfranchisees while the client avoided prosecution.
- Negotiated a reduced sentence in the EnvironmentCourt for a concrete company that pleadedguilty to discharging contaminants into waterways.
Cyber, Privacy + Data Security
- Provided incident response services and legal adviceto small-to-medium enterprises targeted by ransomwareattacks.
- Advised a global insurer on coverage issues and policyresponse following a ransomware attack on a majornational retailer.
- Product Liability and Recall
- Professional Liability
- Cyber, Data and Technology
- Litigation, Investigations and Inquiries
- Professions + Business Services
- Financial Institutions + Services
New Zealand Insurance Law Association.