Insurance Law

Partners and lawyers working in the insurance law area are recognised by the industry. Grant Macdonald, partner, has sat on the board of a specialist insurance agency. In 2011, DLA Phillips Fox won the Insurance Brokers Association of New Zealand (IBANZ) Insurance Award for Support Services. This followed the work the firm had undertaken in the aftermath of New Zealand’s large earthquake in Christchurch. We are the only New Zealand law firm highly recommended by international PLC Which? Lawyer for our work in this area.

Our clients include some of the largest insurers, reinsurers and underwriting agencies. We are the law firm of choice of many of Australasia’s foremost insurers for their cover in all areas of business. We also act for insurers in Asia and Europe. Our relationships with these organisations have been longstanding.

DLA Phillips Fox is also routinely sought for representation by specialist insurers in areas such as marine, trade, aviation and transport.

In insurance litigation, our work is leading. Some of the cases we have taken have redefined that law and many involve cross border issues. For instance, the Supreme Court of New Zealand granted an appeal led by DLA Phillips Fox on behalf of Tasman Orient Line CV following the grounding of MV Tasman Pioneer in the Japanese Sea. The case was the first decision of the Supreme Court on interpretation of the Hague Visby Rules, and was of international significance.

Our insurance law practice includes expertise in non-contentious insurance matters including underwriting and policy drafting - capability not usually found outside insurance companies.

We advise insurers on claims management and have pioneered new technology in claims management service delivery, so claims are resolved faster and cost-effectively.

DLA Phillips Fox represents insurers in applying for approval to operate businesses in New Zealand, prepare on-going licensing submissions, product disclosure statements and transferring portfolios of business between insurers.

We are at the forefront of advising on changing regulations within the insurance and financial sectors.

Our experience in working for insurers often extends well beyond direct insurance matters. We regularly advise on legal compliance of advertising and marketing material, drafting and negotiating lease agreements, and on complex commercial agreements where insurance is an issue.

DLA Philips Fox links smoothly to global business law firm DLA Piper, frequently acting for international clients in New Zealand matters, and vice versa.

We also act as a first port of call on insurance issues when a crisis strikes an organisation. This is a capability across industry sectors, and also for employers when staff safety is threatened. At our disposal is a DLA Piper international resource – Rapid Response. This is a comprehensive, worldwide legal emergency service. It provides expertise on issues using legal and response experts regularly handling similar situations around the globe.

Crossley Gates, a Partner in the insurance team, is also an expert advisor on iNavigator's 'Ask the expert' forum. iNavigator is an IBANZ member resource - visit www.inavigator.co.nz

Expertise in:

• Claims management for:  general insurance including contract works, defamation, directors and officers insurance, employment law matters including employment liability and health and safety, property insurance, industrial special risks, motor vehicle, personal accident, product liability, professional indemnity, public liability, statutory liability, and life
• Claims litigation
• Reinsurance
• Recovery actions on subrogated claims
• Disputes and arbitration
• Special sector knowledge of insurance in: aviation, marine, transport, international trade, medical and accident compensation
• Policy and underwriting drafting
• Applications for approval to operate insurance businesses, on-going licensing, product disclosure statements, transferring portfolios of business between insurers
• Corporate and compliance
• Advertising and marketing compliance
• Cross border litigation
• Risk management and risk allocation
• Regulatory and legislative matters: including new regulations, capital requirements and solvency standards
• Insurance law reform including submissions to Select Committee
• Corporate governance
• Crisis management