Dishonesty exclusion in PI policies: further refinement from the NZ Court of Appeal

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Dishonesty exclusion in PI policies: further refinement from the NZ Court of Appeal

Zurich Australian Insurance Ltd v Mark Donald Withers  [2016] NZCA 618

The Court of Appeal has recently reconsidered the interpretation of the dishonesty exclusion in a professional indemnity policy. In finding for Zurich, the Court gave greater clarity to how the test will be applied, particularly to the relationship between breaches of the insured's professional standards and objective dishonesty.

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The importance of seamless cover

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The importance of seamless cover

Trustees Executors Ltd v Fund Managers Canterbury Ltd [2016] NZHC 2194

The decision provides a useful commentary on the interpretation of a professional services exclusion in a D&O Policy, and is a reminder of the importance of ensuring that there is comprehensive cover of the liability risks faced by directors.

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Solicitor’s Negligence—Strike out

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CLEARY v EWART ([2015] NZHC 3259, 16 December 2015

The Plaintiff (C) had entered into an agreement called an Option Deed with a Fijian company, (V).   The deed gave V the option to enter into a sale and purchase agreement with C for the sale of land in Fiji if the relevant Land Trust Board approval was given.   C had no right under the Option Deed to compel the option to be exercised in its favour. 

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