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ARTICLE · 12 APRIL 2022

Insurance Contracts Bill 101

This Insurance Contracts Bill is under consultation, but the proposed changes are consumer-focused and make sense.

New ZealandInsurance

When I began practising insurance law in New Zealand back in 2012, it was apparent that the legal framework was a bit haphazard. This wasn't a new criticism, even ten years ago. I wrote in 2013 https://www.wynnwilliams.co.nz/Publications/Articles/Insurance-Contracts-to-be-bound-by-fairness about the (then) government's plan to advance the Insurance Contracts Bill, which had been languishing for a long time already. The Law Commission published a report back in 1998 called Some Insurance Law Problems. Since then, there has been no update. The key rules on insurance still come from six different Acts of Parliament, some over 100 years old. There is common law too which is crying out for codification - the duty of utmost good faith, for example. This state of affairs isn't ideal, but insurance law has basically ticked along well enough in New Zealand for the past 25 years.

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