Firms To Watch: Insurance

Specialist maritime law and insurance firm McElroys covers a broad range of issues - including public and general liability, cyber risks and professional indemnity - from its base in Auckland.

Insurance in New Zealand

Bell Gully

Bell Gully advises many of New Zealand’s major insurers, insured companies and associations on regulatory compliance and policy wording, as well as M&A matters in the insurance industry. It continues to work with leading insurers in negotiating the Natural Disaster Response Model. Described by clients as a ‘first choice for particularly difficult insurance law issues’, senior litigator David Friar leads the practice alongside corporate partner Glenn Joblin, with the assistance of special counsel Katie Dow, whose practice covers policy documentation and the regulatory aspects of corporate transactions, with a focus on the financial services industry.

Practice head(s):

David Friar; Glenn Joblin


Other key lawyers:

Katie Dow


Testimonials

‘Able to give robust and well researched legal opinions in uncertain areas of law. Able to resource litigation with a relatively large team of lawyers.’

‘David Friar is able to give robust and firm opinions on uncertain areas of law, is a safe pair of hands for trial work due to his extensive trial experience, and is great to work with. David is our first choice for particularly difficult insurance law issues.’

 

Key clients

AIA New Zealand Limited


Cigna Life Insurance NZ Limited


Fidelity Life Assurance Company Limited


IAG New Zealand Limited


Insurance Council of New Zealand


Medical Assurance Society NZ Limited


Resolution Life Australasia Limited


Southern Cross Medical Care Society


Southern Response Earthquake Services Limited


Suncorp (including Vero Insurance New Zealand Limited, AA Insurance Limited, Asteron Life Limited)


Work highlights


  • Acting for The Fletcher Construction Company (FCC) in relation to a fire that began at the New Zealand International Conference Centre on 22 October 2019.
  • Advised Blackstone on the sale of 100% of the shares in the holding company of New Zealand licensed insurer Partners Life to Dai-Ichi Life.
  • Issued proceedings in the High Court at Auckland on behalf of Diversified NZ Property Trust (DNZ) on its material damage claim relating to a combined cinema and 300-space car parking complex.

Duncan Cotterill

A national practice with multiple offices across the country, Duncan Cotterill is well known for its work in insurance claims and disputes, as well as its advice on corporate restructuring and governance issues. The team is also well versed in issues relating to indemnity and liability and reserve reporting. Experts in professional indemnity insurance work Jonathan Scragg in Wellington and Auckland’s Duncan McGill act for insurers and professionals in defending civil liability claims and disciplinary processes. Paul Smith and Rob Coltman specialise in litigation, handling a wide range of disputes, including subrogated recovery claims and defence litigation for insurers.

Practice head(s):

Jonathan Scragg


Other key lawyers:

Duncan McGill; Paul Smith; Rob Coltman


Key clients

IAG


NZI


QBE


AIG


AMI


State Insurance


Lumley


Tower


Crombie Lockwood


Delta


Work highlights


  • Advised New Zealand Consulting Engineers in relation to a claim of misrepresentation and negligence brought by the purchaser of a commercial building, triggering the insurance cover.
  • Acting for two clients insured through a cyber cover product in relation to the ransomware attack of Mercury IT.
  • Acting for an architectural firm in a defective building claim.

Fee Langstone

Based primarily in Auckland, insurance is the cornerstone of Fee Langstone‘s practice. Renowned for its expertise in policy advice and indemnity matters, its capabilities also extend to regulatory and compliance work and professional disciplinary complaints. Department co-heads Philippa Fee, who clients describe as a ‘true insurance expert‘ with ‘wide ranging experience across various insurance lines’, and Craig Langstone are leaders in the industry, with Langstone advising across the whole spectrum of insurance matters, including professional indemnity, public liability, business interruption and parametric insurance. Pauline Davies is highlighted as ‘extremely knowledgeable and approachable in the marine field’. Litigators Cecily Brick, Matthew Atkinson, Virginia Wethey and counsel Bradley Alcorn are key practitioners in Auckland.

Practice head(s):

Philippa Fee; Craig Langstone


Other key lawyers:

Pauline Davies; Cecily Brick; Matthew Atkinson; Virginia Wethey; Bradley Alcorn


Testimonials

‘The firm has a solid grasp of insurance and admiralty law and practice.’

‘Pauline Davies – advice from her is always solid, well thought out and succinctly delivered. ’

‘Phillipa Fee – true insurance expert, capable court lawyer, wide ranging experience across various insurance lines. Virginia Wethey – highly capable insurance lawyer who gets great results.’

‘Pauline Davies is our contact and is extremely knowledgable and approachable in the marine field. ’

‘Very capable team of insurance experts with a great understanding of insurance products and industry imperatives.’

‘It started off quite small but has grown into one of the most valuable firms in the industry. The team’s expertise ranges among a variety of topics. They are always available to help and at times they provide some free legal advice.’

‘The individuals are very friendly and knowledgeable.’

‘The team have a remarkable depth of experience and talent in insurance law. ’

Key clients

Ando


AIG (NZ), AIG Australia, AIG Europe (UK) Ltd


AIG Speciality Claims Australasia


Allianz New Zealand


Allianz Australia Ltd


Ando Insurance Group Ltd


Antares Managing Agency Ltd


Argo Managing Agency Ltd


AXA Climate


Berkshire Hathaway Speciality Insurance


Canopius Syndicate


Chaucer Syndicates Ltd


Chubb Insurance NZ


Cloud Collections Ltd -on behalf of Capricorn Mutual Ltd


Club Marine Ltd


Crombie Lockwood


Delta Insurance


Dual NZ


FMG Insurance


General Reinsurance Corporation


ICIB


International Transport Intermediaries


Lloyds of London


Manchester Underwriting Management Ltd


Marsh


Newline Syndicate 1218


NZI & NZI Marine (IAG)


NZ Underwriting Agencies Ltd


QBE European Operations


QBE Insurance (Australia) Ltd


QBE Fiji


QBE Smartpak


RedSky Insurance


Southern Cross Benefits Ltd


Steadfast Group


SURA


Thomas Miller


Tokio Marine & Nichido


Vero Insurance (New Zealand) / Suncorp


Zurich New Zealand


Work highlights


  • Acted for Vero Insurance (Suncorp Group) in a proceeding concerning earthquake damage to a group of industrial and commercial buildings.
  • Acted for the three co-insurers (AIG, Vero, NZI) of a marine cargo policy issued in respect of used cars being imported into New Zealand from Japan.
  • Acting for QBE Insurance (Australia) in respect of a claim brought by Body Corporate 423090 following earthquake damage sustained to the Body Corp’s building in Christchurch known as Pacific Tower.

Wotton + Kearney

Market-leading practice Wotton + Kearney represents major players in the New Zealand and London markets, as well as local brokers and corporate insureds. Key areas of work include general liability, financial lines, complex property claims, employment practices liability, cyber/privacy and subrogated recoveries. Managing partner in Wellington Antony Holden is supported by a sizeable team in Auckland and Wellington including professional indemnity specialist Mathew Francis, experts in material damage and business interruption claims Richard Flinn and Caroline Laband, as well as senior partner Peter Leman. Misha Henaghan, Shane Swinerd and counsels Andrew Moore, Matthew Booth and Hugh King are also recommended for such claims. Rebecca Scott leads on employment litigation.

Practice head(s):

Antony Holden; Rebecca Scott


Other key lawyers:

Andrew Moore; Shane Swinerd; Hugh King; Matthew Booth; Richard Flinn; Peter Leman; Misha Henaghan; Caroline Laband


Testimonials

‘W+K provides a complete insurance service for every discreet aspect of insurance capabibility with experts in every field.’

‘This is a ‘relationship first’ relationship.’

‘The partners and team are always very approachable and willing to assist. The are open to feedback and criticism and clearly very interested in the work we do together.’

‘The team is replete with top insurance law specialists. ’

‘Very client focussed pragmatic but careful legal advice.’

‘The firm’s insurance expertise covers the wide range of insurance services. Particular individuals/teams specialise in particular insurance law areas. This is attractive as it means that specialist advice is received. ’

‘Rebecca Scott is a stand-out in the employment disputes space (calm and measured).’

‘Misha Henaghan is known for her defence work in the general liability space.’

Key clients

AIG New Zealand


AXA XL


Berkshire Hathaway Specialist Insurance


Crombie Lockwood / AJ Gallagher & Co


Chubb Insurance


DUAL New Zealand


Munich Re


QBE Syndicate 386 (Lloyd’s)


Vero Liability New Zealand


Zurich Australian Insurance


Work highlights


  • Acting for insurers Mitsui Sumitomo Insurance and Vero Insurance New Zealand in relation to a claim for damage to three buildings during the Christchurch earthquake sequence.
  • Acting for fire engineer Holmes Fire & Safety in High Court litigation relating to a 406-unit, 40-level apartment tower.
  • Acting for the defendant in litigation brought by the Financial Markets Authority (FMA) alleging 136 contraventions of the relevant legislation.

DLA Piper New Zealand

With a global network of overseas insurers and reinsurers doing business in New Zealand, DLA Piper New Zealand is routinely instructed on W&I insurance, regulatory matters, policy drafting and privacy issues. In Wellington, Rachel Taylor focuses on the consumer law aspects of offering insurance, and general commercial and corporate advice. Emma Moran is the lead litigator for insurers and insureds on claims, including those connected to professional liability and indemnity.

Practice head(s):

Rachel Taylor; Emma Moran


Testimonials

‘I’d highlight their knowledge of our business and the understanding of our requirements.’

Key clients

AIA International Limited/AIA New Zealand Limited


AIG New Zealand Limited


Allianz Australia Insurance Limited


Aon New Zealand Limited


Berkshire Hathaway


Chubb Insurance New Zealand Limited


CNA Hardy


Crombie Lockwood (New Zealand) Limited (part of AJ Gallagher Group)


FMG


Marsh New Zealand


Medical Assurance Society


Mitsui Sumitomo Insurance Company Limited


Nautilus Marine Underwriting Agent Pty


OMPL


Partners Life


Pacific International Insurance


Rothbury Group


Steadfast Group


SUA (Specialist Underwriting Agency Pty)


Tokio Marine HCC


Tower Insurance Limited


Zurich New Zealand


Work highlights


  • Representing Body Corporate, the owner of a high-rise building in Christchurch which suffered considerable damage during the Canterbury earthquakes, in a six-week trial in the Christchurch High Court.
  • Advising Covergenius on launching an insurance-like product in New Zealand.
  • Advised AIG on its sell-side and/or buy-side warranty indemnity insurance policies written on New Zealand transactions.

Gilbert Walker

Known for its insurer representation in complex and sensitive indemnity matters, Gilbert Walker is sought after for a range of property damage and earthquake-related claims. Matthew Harris, Martin Smith and Iva Rosic are the lead litigators for insured clients in civil proceedings, regulatory investigations and prosecutions, appearing in both courts and in arbitration proceedings. Harris is noted for his expertise in product liability, disciplinary complaints against barristers and solicitors as well as professional negligence.

Practice head(s):

Matthew Harris; Iva Rosic; Martin Smith


Testimonials

‘Martin Smith, Matthew Harris and Iva Rosic provide very detailed advice, leaving no stone unturned.’

‘They think through all of the angles of the advice before finalising.’

‘Excellent knowledge of the law, precise and concise drafting.’

Key clients

Vero Liability


Tower Insurance


IAG


Aon


DUAL


SkyCity Entertainment Group Ltd


Work highlights


  • Acting for Vero Liability in relation to High Court proceedings brought by Auckland Trotting Club Incorporated.
  • Acting on the instructions of its liability insurer for one of the defendants to the prosecution by the New Zealand health and safety regulator, WorkSafe, following the Whakaari White Island eruption.
  • Acting on the instructions of its liability insurer for Marlborough Electric Power Trust, in the first major consideration by the High Court of the rights of trust beneficiaries to trust information under the new Trusts Act 2019.

Hesketh Henry

Hesketh Henry demonstrates strength in coverage, business interruption, cyber, professional indemnity, health and safety, and regulatory matters. With over three decades of experience, Alan Sherlock leads the practice, specialising in supporting insurers and pursuing or defending claims as they relate to marine insurance, fire insurance, reinsurance and third-party liability. Litigator Helen Macfarlane and managing partner Christina Bryant are also key practitioners. Counsel Stephanie Corban also defends insureds in relation to negligence claims.

Practice head(s):

Alan Sherlock; Helen Macfarlane; Christina Bryant


Other key lawyers:

Stephanie Corban


Testimonials

‘A team of diverse and competent lawyers, who have good experience and a committment to their clients.’

‘Stephanie Corban is a good operator, who is honest, hardworking and has good attention to detail.’

‘The biggest attribute of Hesketh Henry is their prompt and efficient service. The team that we have had the pleasure of working with are very much relatable and provide sound advice. Hesketh Henry are always proactive and keep their clients well informed.’

‘Stephanie Corban: every case she has worked on for us has been of a high standard. She is very approachable and we feel she takes a real interest in our business and product to be able to give us sound advice.’

Key clients

Suncorp Group New Zealand Ltd


Vero Insurance


AA Insurance Ltd


AIG Insurance


Chubb Insurance


Underwriting Agencies of New Zealand Ltd / Underwriting Agencies of Australia Pty Ltd


Charterers P & I Club


Dual New Zealand Ltd


AmTrust International


The New India Assurance Co Ltd


Ando Insurance


Compagnie Française D’Assurance Pour Le Commerce Extérieur (Coface)


Work highlights


  • Acting for Vero Insurance in High Court proceedings concerning a NZ$20m claim following fire damage to a very large aluminium extrusion plant.
  • Advised Underwriting Agencies of New Zealand on an important but unsettled area of insurance law in New Zealand, namely the applicable legal test for whether an insured has taken reasonable care.
  • Acting for Vero Insurance in an important claim arising from a manufacturing defect causing a vehicle fire.

MinterEllisonRuddWatts

MinterEllisonRuddWatts focuses on representing international underwriters, brokers and insureds on their claims against local and international insurers, advising on regulatory investigations, health insurance claims and broker negligence. Andrew Horne and Nick Frith are the key contacts in Auckland, with Frith being described as ‘someone you can trust to do a really spectacular job’ and Horne specialising in commercial disputes, corporate and regulatory issues, financial services insurance as well as matters in the cyber and technology fields.

Practice head(s):

Andrew Horne


Other key lawyers:

Nick Frith


Testimonials

‘Fantastic people, awesome technology and amazing at keeping clients up to date with wider insurance developments and topics of interest. ’

‘Nick Frith is incredible, very responsive, goes out of his way to help. Someone you can trust to do a really spectacular job.

‘Minters has excellent technical insurance knowledge which has been very helpful for us to call on for specialised advice. They provided very comprehensive advice.’

Key clients

Aon


AIA


Marsh


Southern Cross Insurance


Youi NZ


Medical Assuarnce Society New Zealand


Tower Insurance


Fulton Hogan


PIC Insurance Brokers


Te Kaunihera o Tāmaki Makaurau | Auckland Council


Work highlights


  • Acting for Marsh in a variety of claims, disputes and advisory matters, including E&O resolution and litigation legal services.
  • Acting for Medical Assurance Society in a variety of claims, disputes and advisory matters for the general, life and health insurance businesses.
  • Acting for a large New Zealand local government entity in all its insurance claims arising from potential liabilities for defective building works.

Robertsons

Founding partners Michael Robertson and Helen Twomey at Robertsons are well regarded, highlighted by one client as 'happy to look for outside-the-box solutions’. The team expanded with the addition of commercial and civil litigator Tom Pasley from Fee Langstone in January 2023. As one of a handful of New Zealand’s specialist insurance law practices, the team is noted for its capabilities in defending property damage and construction claims and for its ‘strong experience with policy wording drafting’, while also remaining active in professional liability and general liability cases.

Practice head(s):

Michael Robertson; Helen Twomey


Other key lawyers:

Tom Pasley


Testimonials

‘All individuals we work with are easily contactable, able to provide a high level of service and advice at very short notice. All partners have strong experience with policy wording drafting built from experience in litigation and claims handling in liability insurance.’

‘Robertsons have a significant amount of experience in liability claims handling and litigation. This experience has been invaluable for providing expert advice when drafting policy wordings which enable the wordings to be tested against realistic scenarios. The team can approach problems from multiple viewpoints which enables quality outcomes. In addition to expert legal advice, Robertsons have provided exceptional service and empathy to our customers particularly where trauma has occurred.’

‘I am heavily reliant on the legal advice for policy wording drafting for insurance policies and complementary attributes of Michael Robertson and Helen Twomey provide us with an outstanding outcome in this process.’

Russell McVeagh

Russell McVeagh continues to be known for its advisory and contentious work with the Toka Tū Ake Earthquake Commission regarding its obligations arising from the Canterbury earthquake sequence. Acting principally on coverage disputes, Marika Eastwick-Field co-heads the practice alongside Nathaniel Walker, who is knowledgeable in claims arising out of natural catastrophes. Tom Hunt is the lead partner for insurance regulatory work.

Practice head(s):

Marika Eastwick-Field; Nathaniel Walker


Other key lawyers:

Tom Hunt


Testimonials

‘My experience with their team clearly demonstrates their pragmatic and practical approach to helping clients: understand their policy coverage, understand their risks better, provide practical and usuable advice and guidance.’

‘Marika Eastwick-Field spends time listening and clearly understanding the client’s needs. She is very practical and down to earth.’

Key clients

Toka Tū Ake EQC (Earthquake Commission)


National Australia Bank Limited


Work highlights


  • Acting for Toka Tū Ake EQC (a New Zealand Crown entity that provides natural disaster insurance), in a wide range of litigation, including potential class actions, arising from the Canterbury earthquake sequence.
  • Advising National Australia Bank on the sale of its New Zealand life insurance business to Partners Life.

Simpson Grierson

Simpson Grierson‘s team are liability specialists, working across all policy lines for national and international insurers. For insureds, the practice continues to handle material damage and business interruption claims arising from the Canterbury earthquakes and Cyclone Gabrielle. Practice head Helen Smith is an experienced defence counsel in professional indemnity, public and product liability. Special counsel Robert Gapes is highly recommended for product liability, as are litigators John Shackleton and Jania Baigent.

Practice head(s):

Helen Smith


Other key lawyers:

Robert Gapes; John Shackleton; Jania Baigent


Testimonials

‘Helen Smith has good relationship with our clients that she acts for -and can handle difficult clients well.’

‘Simpson Grierson has a strong insurance team with particular expertise in the construction dispute area.’

‘Helen Smith – Construction PI expert.’

Key clients

Berkshire Hathaway Speciality Insurance


DUAL New Zealand Limited


Fidelity Life Assurance Company Limited


IAG New Zealand Limited


nib nz holdings limited


UniMed


Vero Liability Insurance Limited


Work highlights


  • Defending Fidelity Life Assurance Company in High Court proceedings brought by a former insured, for failing to pay out under an income protection policy.
  • Advising nib on the acquisition of 100% of shares in OrbitProtect, a distributor of travel insurance in New Zealand.

Wynn Williams

Wynn Williams advises major New Zealand and offshore insurers, Lloyds syndicates, national brokers and corporate insureds on professional liability, statutory liability, and fire, property and health insurance claims. Richard Hern is active in disputes involving real estate agents on instructions either directly from real estate firms or their insurers, as well as complex and high-value life insurance claims. In Christchurch, professional indemnity specialist Richard Hargreaves defends lawyers, architects, project managers and real estate agents. Greg Simms heads the practice. Emily Walton left the firm in January 2023.

Practice head(s):

Gregg Simms


Other key lawyers:

Richard Hern; Richard Hargreaves


Testimonials

‘Noted for their knowledge and understanding of insurance law. They understand our business and therefore can provide meaningful feedback and recommendations.’

‘It is the people, in particular Richard Hern. He is well respected by his clients and whenever a file is delegated to Wynn Williams our managers always say they are in good hands.’

Key clients

AIG Insurance New Zealand


NZI Liability / IAG New Zealand


Chubb Insurance


Delta Insurance


Berkshire Hathaway Speciality Insurance


QBE Insurance


Southern Response Earthquake Services


Newline Underwriting Management


Tokio Marine & Nichido Insurance


Barfoot & Thompson


Work highlights


  • Advised a multinational insurer and its insured on a liability matter worth NZD$3,000,000.
  • Advised Waste Management NZ and its insured on a recklessness prosecution worth NZD$2,000,000.
  • Advised a financial lines insurer on a multiple defamation proceedings matter.

Wilson Harle

Wilson Harle excels in coverage advice and disputes, often acting for overseas insurers or reinsurers in specialised or disputed claims, particularly Lloyd’s syndicates or London market firms. The team is comprised of litigation expert and practice head Ian Denton, senior partner Chris Browne and Felicity Monteiro.

Practice head(s):

Chris Browne; Ian Denton; Felicity Monteiro


Testimonials

‘Outstanding abilities in litigation generally including all aspects of complex commercial insurance claims.’

Key clients

Napier City Council


Work highlights


  • Acting for Napier City Council in test case proceedings regarding the scope of cover available for councils for non-weather tightness defects alleged in ‘leaky building’ proceedings.