Insurance Claims in New Zealand, 2nd edition
An indispensable resource for those working with and advising on insurance claims
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Insurance Claims in New Zealand is a rigorous and complete presentation of the law relating to how insurance claims are made and assessed in New Zealand. The authors examine issues arising at every level in the process — from determining the validity of the policy and resolving issues of coverage and exclusion, to assessing the quantum of the loss or damage to be paid.
Since 2015, when the first edition was published, there have been a number of developments in Insurance law: the concept of post claim good faith has developed; a number of outstanding unresolved issues have received judicial attention, including the assignment of claims rights, and the fraudulent claims rule; the issue of insurers’ liability for defective repairs has been resolved; the Earthquake Commission/Toka Tū Ake’s empowering legislation has been substantially overhauled; the Canterbury Earthquake Insurance Tribunal was established; and the Government has begun the work of meaningful insurance law reform.
- More approachable for non-specialists
- Written by two experts in the field
• Stephen Todd & Matthew Barber, Burrows, Finn and Todd on the Law on Contract in New Zealand, 7th edition
• David Bullock & Tim Mullins, Law of Costs in New Zealand, 1st edition
• David Williams, Amokura Kawharu, Anna Kirk, Daniel Kalderimis & Wendy Miles, Williams & Kawharu on Arbitration, 2nd edition
Table of contents
- Chapter 1 Overview and general principals of insurance law
- Chapter 2 Terminology
- PART 1 Claims
- Chapter 3 Responding to a claim
- Chapter 4 Proving the loss
- Chapter 5 Indemnity
- Chapter 6 Loss and damage
- Chapter 7 Liability
- Chapter 8 Assessment of claims
- Chapter 9 Avoidance of non-disclosure
- Chapter 9A Good faith
- Chapter 10 Non-payment of claims
- Chapter 11 Joint and composite insurance – insuring multiple interests
- Chapter 12 Subrogation
- Chapter 13 Double insurance
- Chapter 14 Average
- Chapter 15 Insurance Intermediaries – agents and brokers
- Chapter 16 Issues in particular contracts of insurance
- PART 2 Dispute resolution
- Chapter 17 Complaints resolution schemes
- Chapter 18 The Courts
- PART 3 Special insurance issues
- Chapter 19 The Earthquake Commission Act 1993
- Chapter 20 The Accident Compensation Act 2001