Our lawyers specialise in assisting with product development, often working as an integral part of our clients’ teams in developing effective policy wordings and promotional strategies. Our advice covers the preparation of new product and policy wordings and the promotion, marketing, and sale of new insurance products.
We act for some of New Zealand’s leading insurers as well as niche providers. We have dedicated specialists to assist both insurers and insured parties.
Insurance law reform
A key concern for insurers is ensuring they meet the new licensing requirements. Kensington Swan has expertise in development of the required policies and programmes to meet Reserve Bank guidelines, and assisting insurers with the licensing process. We are also able to help our clients plan for the impacts of the reform on their business models.
Our insurance law team works closely with our other specialist teams to provide you with a depth of expertise relevant to particular circumstances.
Unison Insurance Limited
We advised Unison on the requirements to establish a new captive insurance company in New Zealand, taking into account the new licensing regime regulated by the Reserve Bank. We set out the implications and requirements under current insurance law, as well as advising on potential changes arising from the law reforms.
PSIS Life Limited / The Co-operative Bank
We assisted The Co-operative Bank in bringing Co-operative Life Limited (formerly PSIS Life Ltd) into the New Zealand life insurance market, advising on all aspects of the development and roll-out of its life insurance products. This included a review and transition of existing insurance cover for members of the bank.
New Zealand Law Society
We advised the New Zealand Law Society in relation to lawyers' professional indemnity insurance. This was in order that lawyers could make appropriate disclosure to clients under the Conduct and Client Care Rules. The firm's expertise in this area and knowledge about the profession, the nature of claims made, and the availability of suitable cover, meant that we were able to provide advice that was not only legally sound but also practically appropriate.
Various construction companies
We act for many participants in the construction industry. Because major projects involve multiple parties and a myriad of risks, it is important that principals, contractors, sub-contractors, and the other parties who are involved apportion risk between themselves in a way that is appropriate, and that they hold suitable insurance. We routinely advise our clients in relation to these issues and related indemnity issues. Because of the size of our construction practice, we are experts in this area.
AIA New Zealand Limited
We obtained a High Court summary judgment for AIA against a guarantor in relation to outstanding commission claw-backs owing to AIA, pursuant to an Independent Financial Adviser Agreement and guarantee (American International Assurance Company (Bermuda) Limited v Wilson, HC Auckland, 20 April 2011).
Related legal services
Financial adviser law
Managed funds law
Superannuation and KiwiSaver