Asking the right underwriting questions in the digital age

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Asking the right underwriting questions in the digital age

New disclosure rules which will come into effect with the Contracts of Insurance Act 2024 will require insurers to review policy proposal questions and content to ensure that the right questions are being asked of potential customers, and the consequences of inaccurate disclosure are highlighted.  When tackling this job, insurers should also keep in mind the importance of asking clear and unambiguous questions.  A recent English decision highlights the importance of unambiguous questions in a digital application or proposal form. 

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NSW to require psychosocial risks to be managed in the workplace

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NSW has introduced amendments to its health and safety legislation, which from 1 October 2022 requires workplaces to manage psychosocial risks. WorkSafe New Zealand has recognised these risks and has good practice guidelines in place which are summarised in these slides. We will continue to keep a watching brief on this situation and how it will evolve in New Zealand.

See - https://legislation.nsw.gov.au/view/pdf/asmade/sl-2022-551

Fishing vessel sinking leads to the first conviction of an officer in New Zealand

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Fishing vessel sinking leads to the first conviction of an officer in New Zealand

In June 2017, a fishing vessel, the Victory II, sank off Kaikōura while grossly overloaded with fish. In a prosecution brought by Maritime New Zealand, Antonio Basile, the sole director of the fishing company, Nino’s Ltd, became the first officer to be convicted and sentenced under the Health and Safety at Work Act 2015 (HSWA). Nino’s Ltd was also sentenced, as was the Victory II’s skipper, Mr McCauley.

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Police bring first forfeiture action against health and safety offender

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Police bring first forfeiture action against health and safety offender

WorkSafe NZ v Salter [2017] NZDC 26277

In 2017, Auckland business owner, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd (Salters), were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996.  The Police are now commencing proceedings against Mr Salter under the Criminal Proceeds (Recovery) Act 2009 (Act).  This is the first time a proceeding has been brought under this Act in relation to a health and safety offending. 

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