High Court determines leaky defect exclusion

On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues […]

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

OPC gets tough on mandatory privacy breach notification in New Zealand

Just over six months after requirements for mandatory notification of serious privacy breaches were introduced with the Privacy Act 2020, the Office of the Privacy Commissioner (OPC) has released further guidance in a blog post. The update makes it clear the OPC has ended the grace period for agencies to adapt to the new rules. […]

PFAS – A chemical of concern

The rapidly developing regulatory landscape regarding PFAS, the growing number of lawsuits and the big settlements being reached are creating significant concern within the insurance industry. In this update, W+K’s Charu Stevenson, Raisa Conchin, Ronald Mok and Sarah Mellowes provide some background on the PFAS issue and look at the issues it raises for the […]

New Conduct and Client Care Rules create compliance risks for NZ solicitors

The new Conduct and Client Care Rules are coming into force on 1 July 2021. They bring with them some significant changes that are likely to impact on solicitors’ negligence risks. In this article, W+K’s Rebecca Scott and Julia Whitehead provide a brief overview of the changes and look at some of the issues they […]

Coverage for historic sexual abuse in school case raises problems for insurers

In BB v Helena College [2021] WADC 42, the Western Australia District Court found that three different policies of insurance, held by an insured school, responded to historic acts of intentional sexual abuse by a school teacher. In this article, W+K’s Sean O’Connor and Patrick Thompson provide an in-depth analysis of the coverage issues addressed […]

Climate change is heating up boardroom risks

Regulators in Australia and around the world are treating climate change as a major systemic financial risk. Given the high levels of regulator scrutiny, investor activity and public interest, it is only a matter of time before significant claims (potentially including securities class actions) are brought against directors and officers who fail to properly consider […]

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.