Professional Indemnity

Transcription

1 rofessional Indemnity Summary of key changes Business Insurance for a growing New Zealand

2 rofessional Indemnity Summary of key changes The new NZI rofessional Indemnity policy replaces the NZI and Lumley rofessional Indemnity policy wordings noted in the table below. This document is a summary only and therefore details the most significant changes. We recommend that you read the new policy wording so you are familiar with all the amendments. The new NZI wording takes effect from 1 June 2018 and all quotations issued by NZI, both renewals and new business, will be quoted on the new wording. 1. New extensions The following extensions have been added to the new wording and were not previously included in either the NZI or Lumley policies. Lumley NZI 1215 NZI RO 0107 and RO 0412 New Wording I 0618 Court attendance costs O O Extension 3.4 $500 per day for any principal, partner, director, $250 per day for any employee, for each day they are required to attend a court in the event of a claim. $20,000 sub limit. ublic relations O O expenses Extensions 3.16 $25,000 sub limit to mitigate negative publicity on the insured in the event of a claim. 2. Summary of other key changes in cover Lumley NZI 1215 NZI RO 0107 and RO 0412 New Wording I 0618 Extensions Automatic reinstatement Also reinstated the amount for defence costs Also reinstated the amount for defence costs Extension 3.1 rovides a reinstatement of the limit of indemnity but it does not apply to defence costs. age 2 / NZ6570/1 06/18

3 rofessional Indemnity / Summary of key changes Lumley NZI 1215 NZI RO 0107 and RO 0412 Consultants and sub-contractors RO0412 only New Wording I 0618 Extension 3.2 Clarification that the policy only covers the insured where the consultants, contractors, sub-contractors or agents provide the same professional services as the insured. Disciplinary proceeding costs Full policy limit Standard policy excess RO0412 $100,000 sub limit RO0107 full policy limit $1,000 excess Extension 3.6 Full policy limit $1,000 excess Now also covers monetary orders or determinations made against the insured from any disciplinary proceeding. Clarification that the policy excludes any disciplinary proceeding for any dishonest, fraudulent or criminal conduct. Dishonesty of employees Extension 3.7 Employment practices O liability Optional Extension Updated control conditions and language. Now: maintains a separate trust account for client funds which must be audited annually by a qualified independent auditor or accountant, and has dual authorisation requirements for all payments or withdrawals from the trust account. O NZI has not included this extension in the new I wording. A separate Employment Disputes policy will need to be arranged for any insured that currently has the optional extension. age 3 / NZ6570/1 06/18

4 rofessional Indemnity / Summary of key changes Lumley NZI 1215 NZI RO 0107 and RO 0412 New Wording I 0618 Extended reporting O period Extension 3.8 Fair Trading Act Civil liability for breach of FTA NZ & Australia Civil liability for breach of FTA NZ only Extension 3.9 Civil liability for breach of the Fair Trading Act or equivalent legislation in Australia where the jurisdiction includes Australia. Incoming partners O and directors Extension 3.11 Incoming partners and directors Intellectual property Extension 3.12 atent cover has been removed from the extension as including patent cover in the extension conflicts with the product liability exclusion. atents are related to products and product liability is not covered under a I policy. Joint venture liability Automatic Extension RO0107 only Optional Extension Extension 3.13 Automatic Extension Loss of documents Liability for loss of documents in the custody or control of the Insured, or any other person to whom the Insured had delegated custody, or had entrusted, lodged or deposited such Documents in the ordinary course of business. Liability for loss of documents in your physical custody or control at time of loss. Extension 3.14 rovides the same cover as Lumley s broader cover. age 4 / NZ6570/1 06/18

5 rofessional Indemnity / Summary of key changes New subsidiary Lumley NZI 1215 Covers any subsidiary acquired but only for up to 30 days from date of acquisition in respect of activities carried out post acquisition. Any new subsidiary was still subject to the condition 6.5 Alteration to risk. NZI RO 0107 and RO 0412 The definition of insured covered any subsidiary that is created during the period of cover, provided entity engages in same professional services. New Wording I 0618 Extension 3.15 Automatically covers a subsidiary created or acquired during the period of insurance for the activities post acquisition but subject to the subsidiary: performing the same type of professional services as already covered being domiciled in NZ having revenue less than 25% of combined gross annual revenue of insured. revious subsidiaries Covered any entity that ceased to be a Subsidiary before or during the period of insurance. Automatic Extension rior corporate entities needed to be stated in the schedule to be covered. Optional Extension Now covered under the definition of subsidiary. Exclusions Building defects O Exclusion 4.2 This exclusion was added to the Lumley policy by endorsement but is now incorporated in the wording. Sanctions O O Exclusion 4.23 This is a treaty exclusion and required by most insurers. age 5 / NZ6570/1 06/18

6 rofessional Indemnity / Summary of key changes Conditions Lumley NZI 1215 NZI RO 0107 and RO 0412 New Wording I 0618 Allocation of defence O costs Condition 6.9 rovides clarity of operation of the policy if there are parts of a claim that are covered and parts that are not covered. Severability O Condition 6.16 Subrogation Condition 6.17 NZI may assume the insured s legal right of recovery. The proceeds of any recovery will be applied first to the costs of recovery, then to NZI for amounts paid for a claim. Any remaining balance will be paid to the insured for uncovered loss and then the insured s excess age 6 / NZ6570/1 06/18