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  • Vero Liability - Claims Examples - Employment Disputes
    Updated contracts were given to her in 2007 and 2008 At each of those terms she was offered permanent employment status but she refused stating that she wished to remain a contractor Towards the end of 2008 there was a significant downturn in the demand for architectural and design services in the market so the availability of work decreased and the contractor s services were called for on a less frequent basis Ms X continued to invoice the insured for payment of the reduced service hours she provided In the end the contract was terminated properly within its terms Ms X and her lawyer served proceedings against the insured in the Employment Relations Authority VL was notified and the claim was accepted The VL lawyers argued that that the worker was not an employee of the insured and could not seek to have all the benefits of self employment including tax advantages and then at the termination of that engagement seek to obtain the benefits of employment including the raising of a personal grievance Her personal grievance claim amounted to 100 000 for unjustified dismissal loss of wages arrears in being underpaid unfair disadvantage and hurt and humiliation Ms X s lawyers appeared to be engaged in some form of pro bono arrangement because they went to extraordinary lengths in arguing her case far beyond what the value of the claim might have deserved The determination of the Authority was that Ms X was a contractor rather than an employee and that the real nature of the relationship between the parties was that of a contract for services In view of the circumstances the Authority advised that any claims in relation to the performance of contract or the termination of it must be determined in a jurisdiction other than the

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_EmploymentDisputes (2016-04-26)
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  • Vero Liability - Claims Examples - LawSafe
    Home Claims Claims Examples LawSafe Claims Examples LawSafe Claims Examples LawSafe A Nasty Encounter A businessman had an altercation with two undesirable youths who were ogling and making lewd comments to his wife The youths families decided that they would lay a complaint with the police and the businessman was charged with assault It took 18 months of protracted legal proceedings before he was cleared and acquitted The LawSafe policy picked up legal costs of 22 000 Careless Driving Causing Death A truck driver was under threat of being charged with careless driving causing death after a collision in which the two occupants of a third party vehicle were killed With the intervention of a LawSafe panel lawyer it was determined that the causes of the collision were road and weather conditions and charges were not pursued The legal costs were 3 100 Dangerous Driving A volunteer marshall for a motorsport organisation was charged with dangerous driving after a collision with another marshall s vehicle on an enclosed racetrack He successfully defended the charge with the help of LawSafe which picked up the 2 200 legal bill Faulty Concrete A householder got into dispute with a builders supplies merchant when

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_LawSafe (2016-04-26)
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  • Vero Liability - Claims Examples - Professional Indemnity
    has lodged a complaint with the Law Society s Lawyers Complaints Service as well as intimating a claim for compensation for emotional harm The law firm s Professional Indemnity policy will assist indemnifying costs to respond to the complaint and ultimately indemnify any claim that may successfully eventuate Breach Of Copyright And Or Design Registration ABC is an importer and distributor of stationery products and supplies It held a standard CGL insurance At the request of one of its customers ABC arranged for the manufacture and supply of filing racks similar to another product supplied to the customer by another manufacturer XYZ The price of ABC s product was more competitive ABC overlooked or otherwise was unable to determine if any Patent Copyright or Design Registration existed on the XYZ product XYZ issued proceedings against ABC for significant damages arising from infringement of Copyright and or Design Registration and ABC submitted a claim under its Public Liability insurance The claim was correctly declined because there was no indemnity under this policy In investigating the circumstances the insurer noted that ABC in its insurance proposal stated that it did not design or manufacture any product The broker therefore saw no need to advise on additional covers which may have been appropriate to a manufacturer or designer e g Professional Indemnity Insurance with Breach of Copyright included These circumstances highlight the need for brokers to stress to Insureds the need for full and continuing disclosure of all operations Breach Of Security Interests The insured is an auctioneer The plaintiff is a Japanese used vehicle supplier It supplies vehicles to several NZ vehicle dealers The claim for 4m arose when one of the dealers was in financial difficulty and eventually went into liquidation It had failed to pay monies owing to the plaintiff which had extended credit for many months The dealer had been selling the majority of the vehicles through the insured s auctions The particulars of the claim were that the insured had converted the plaintiff s security interest in the vehicles by selling them at less than market value and in many cases less than NZ landed cost The plaintiff issued proceedings against the Insured The Insured s defence was that by its very nature an auction determines market value and that the insured had no means of knowing landed cost nor did it need to The matter proceeded to trial and was successfully argued by VL s defence lawyer The plaintiff s case was roundly dismissed with 51 000 scale costs awarded Despite this the defence costs to VL were 124 000 Copyright Problems A travel agency used photographic images of tropical island scenery in its promotional material It had downloaded the images from an internet site in the mistaken belief that these were free to use The source site was a bit misleading in that it said the images were free to use The photographer said that those sites did not have authority to offer his images Entities

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_ProfessionalIndemnity (2016-04-26)
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  • Vero Liability - Claims Examples - Public Liability
    adhesive quality of the product This resulted in the final colour samples flaking off the board The colour charts had to be withdrawn and the insured was presented with a claim for 252 000 which comprised the cost of the board further finishing costs and the customer s withdrawal expenses The Insured s sale contract had a limitation of liability to the value of the goods 110 000 which were defined as packaging wrapping inserts lining and protective materials This particular product fell outside this definition Liability was admitted and it was settled for 145 000 plus 11 500 legal and adjusting costs Machinery Exports to USA The Costs Of US Litigation The insured A is an engineering firm that develops and manufactures rotary milking platforms for export to USA The IP for its products was sold to B a major international supplier of dairying machinery with a US subsidiary A s sales are exclusively to B A supplied a kitset platform to B who then added further equipment and controller software before installing the platform on the site of a major dairy farm in the USA The installation contractor C was also a NZ company The plaintiff was seriously injured and sustained permanent brain damage Whilst he was servicing the platform he stuck his head between two rails on the platform tragically his head got caught between an upright rail of the moving platform and a controller cabinet external to it Proceedings were issued against the farm company the supplier B the insured A and the installation contractor C The basis of the claim was that there was no precautionary signage on the platform and that there were no installation or maintenance instructions During investigations it emerged that A had sold its IP to B One of the contracts for the sale contained a clause by which B would indemnify A in the circumstances of this accident VL engaged American lawyers to enforce this indemnity It transpired that the indemnity provision was not clear cut and had been compromised by the terms of another simultaneous contract In the upshot B declined to indemnify A However it was finally agreed that the issue of indemnification should be arbitrated in the US The VL American lawyers successfully argued the case and the arbitration was in A s favour by a 2 1 majority So the insured A whilst still involved as a defendant in the main claim is able to benefit from the hard won indemnity from B As a result of the arbitration B had to indemnify A for costs in defending the main personal injury claim a recovery in favour of VL of 350 000 However due to the arbitration being a majority decision only it declined to award A the costs of the arbitration itself Even with this recovery the claim costs to were 580 000 Poisonous Shrubs A rural transport operator decided to clear some overgrown shrubbery on the perimeter fence around its yard The cleared vegetation

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_PublicLiability (2016-04-26)
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  • Vero Liability - Claims Examples - Statutory Liability
    seven days the VL lawyer defended the case on the basis that the insured had acted reasonably in its research prior to commencing works and that the infringement was inconsequential and inadvertent Even with the Iwi giving evidence in the insured s favour the Judge found that a breach had taken place and the insured was fined 55 000 with the order that the breach had to be retrospectively approved by application to the Trust under the appropriate provisions of the Act The VL policy indemnified the fine plus defence costs of 68 000 Human Rights Act A social studies teacher in a private school complained to the School Principal that his Head of Department was discriminating against him because he was of Indian origin He maintained that the HOD was limiting his class work to just junior classes thereby denying him a proper career path He alleged that the HOD had told him that his spoken language was regarded as a bit of a joke by senior pupils and that he would be unable to command sufficient respect from senior classes to effectively teach the curriculum The allegations were denied and the dispute was dealt with by the School as an employment matter It was reported to VL as a possible claim under an Employment Disputes policy for a personal grievance and duly ended up as a mediation by the Labour Department which was settled in the teacher s favour with an award of 2 000 and an undertaking that his future work would not be restricted to junior classes The award was below the insurance excess and VL incurred legal fees of 2 170 Despite this outcome all was not well as the teacher resigned some three months later Shortly thereafter the school received a demand from the teacher s lawyer claiming breach of Sections 21 and 22 of the Human Rights Act and demanding compensation of 120 000 for hurt and humiliation and loss of career opportunity VL duly received a claim under the School s Statutory Liability policy and engaged appropriate counsel to assist It became evident that the employment dispute process had not really got to the bottom of the matter and the teacher s lawyer had accumulated fairly damaging evidence from various students and teachers at the School In the balance it was clear that the HOD had transgressed and that the School and the mediation had not fairly dealt with the issues The claim was negotiated and a settlement of 35 000 was reached Legal fees amounted to 11 700 Maritime Safety Act and H S in Employment The insured is a farm fishery Its workboat with six employees on board travelling at high speed hit an anchored vessel in broad daylight in good weather conditions As a result two died including the skipper three others sustained serious physical injuries and one suffered mental trauma in seeing his co workers dead and injured The skipper s operator licence was a week out of

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_StatutoryLiability (2016-04-26)
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  • Vero Liability - Claims Examples - Trustees Liability
    the vesting date The claim quantum was based on the reduced value of funds available for distribution because in the interim the value of the trust funds had diminished in the prevailing financial market conditions The claim was for 160 000 VL s legal advice was that the trustees had failed in their duty Negotiation with the beneficiaries produced an agreed settlement of 130 000 which was shared between the insured and the other trustee Legal costs were 5 100 Mis Directed Trust Funds The insured was the superannuation trust fund of a small manufacturing firm The trustees were two directors of the company the company s lawyer and an employee representative The company ran into financial difficulties and the two trustee directors with the best of intentions arranged for the company to borrow funds from the super fund under a loan agreement engaging the questionable legal expertise of the lawyer trustee At the time the employee trustee had left the company and had been paid out his relatively small contributions to the fund and had not been replaced A fund contributor took voluntary redundancy from the company and was entitled to a pension from the fund which gave a lump sum option The employee opted to take a lump sum but the fund could not settle this because of its loan to the company The trustees received a letter of claim from the redundant employee s lawyer and a claim was made on the Trustees Liability insurance The trustees had failed in their duty to the trust by misusing the fund The company was still cash strapped and was unable to raise the money to make settlement VL paid 34 000 to settle the immediate claim with a back to back agreement with the company for reimbursement on the

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Claims+Examples_TrusteesLiability (2016-04-26)
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  • Vero Liability - About Vero Liability
    Notification Procedure Notification Forms Claims Examples People Management Claims Underwriting Forms Proposals Policy wordings Renewal Declaration Links Brokers Reinsurers Preferred Solicitors Suncorp Group Other Links Market Bulletins Glossary Home About VL About Vero Liability About Vero Liability New Zealand s only specialist Liability Insurer Liability Insurance and the management of litigation risk is a complex business requiring expert knowledge and flexibility in order to meet the challenges of a continually changing environment The diverse nature of long tail legal risk is such that an Insurer dedicated solely to this area and whose insurance products services and reinsurance can be tailored specifically to New Zealand conditions is critical Vero Liability is such an Insurer committed to providing its products and services via professional insurance brokers and agents Vero Liability understands that its clients and insurance advisors require dependable underwriting and claims management services In recognition of this we are committed to providing insurance that actually fits with the requirements of the insured and are proud to have people with the experience skill and commitment to deliver the best service and value to insurance buyers backed up with an unrivalled claims service Being a wholly owned subsidiary of the Suncorp Group means

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/Aboutus (2016-04-26)
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  • Vero Liability - Board of Directors
    Liability Employment Disputes LawSafe Professional Indemnity Public Liability Specialty products Statutory Liability Trustees Liability Claims Notification Procedure Notification Forms Claims Examples People Management Claims Underwriting Forms Proposals Policy wordings Renewal Declaration Links Brokers Reinsurers Preferred Solicitors Suncorp Group Other Links Market Bulletins Glossary Home About VL Board of Directors Board of Directors Board of Directors Vero Liability Insurance Limited has its own Board of Directors It consists of Paul Smeaton

    Original URL path: http://www.legaledge.co.nz/dirvz/liability/liability.nsf/Content/BoardOfDirectors (2016-04-26)
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