In this issue of Cover to Cover, we take a closer look at legal developments shaping the insurance sector.
We provide timely insights into how insurers are responding to an increasingly demanding claims environment, marked by procedural reform, heightened disclosure obligations and evolving claimant behaviour.
We begin with an examination of the new High Court Rules, which introduce a fundamentally different approach to civil litigation. By front-loading costs and requiring earlier, more substantive engagement with the merits of case, the new framework has immediate implications for reserving, excess structures and litigation strategy, as well as longer term consequences for settlement negotiations and claim volumes.
We then take a deep dive into the incoming duty on policyholders of consumer insurance contracts to take reasonable care not to make misrepresentation. Drawing on recent UK authorities that are likely to be influential in New Zealand, this article highlights the critical role of clear underwriting questions, rigorous application processes and robust underwriting evidence as insurers prepare for the commencement of the Contracts of Insurance Act.
We also discuss the implications of insurers' recent decisions to pause offers of new insurance in loss-prone postcodes.
We explore the growing challenge of obsessive and vexatious claimants, a trend increasingly amplified by the use of AI tools.
We conclude with a recent High Court decision that addresses an important precedent available to financial service providers dealing with external dispute resolution providers.
Our internationally recognised Insurance team is best known for operating at the intersection of insurance disputes, financial services regulation and major commercial risk. We are regularly instructed on matters that raise novel legal issues, heightened regulatory scrutiny, and reputational exposure. We have deep industry expertise across the full insurance lifecycle, advising on claims, coverage, regulatory compliance, governance, market entry, transactions and enforcement.
We hope you find this issue of Cover to Cover insightful and thought-provoking. If any of the topics resonate with you, we’d be delighted to continue the conversation.
This issue is available in PDF or individual articles below:
The new High Court rules: The status quo and proposed law changes
Insurers dial back flood risk exposure: Where will this lead?
Case study | Faulty workmanship exclusions: Clarity in drafting and the Court's role after IFSO
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