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All cover · Employers liability

aig vs Zurich — Employers liability

NZ's Accident Compensation Act bars most employer claims for accidental workplace injury — ACC absorbs them. Employers Liability fills the gap for gradual-process bodily injury (stress, occupational disease, asbestos) that ACC does not cover.

aig

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Not on file — request latest wording from aig via FCIB.

Zurich

Zurich Australian Insurance Limited (NZ branch)

Wording on file: Zurich Employers Liability
Effective: 2021-08-13
Tier D (blocked) FCIB panel

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Side-by-side fact comparison

Each row is a fact-key from the Employers liability wording. "Not on file" means either the wording doesn't address that fact, or Phase C structured-facts extraction hasn't been run yet on this insurer's wording.

Fact aig Zurich
limit of indemnity options Not on file Not on file
gradual process handling Not on file For the purposes of this policy, disease shall be sustained when the employee is first exposed to conditions in New Zealand out of which the disease is subject of the claim.
acc interaction Not on file Excluded: any personal injury for which cover to any extent is provided by the Accident Compensation Act 2001 or would have been, had a claim been made. Defence costs include the costs of applying to a Court to determine whether an employee's personal injury is properly covered by the Accident Compensation Act 2001 or any amendment to or re-enactment of that Act.
territory Not on file any liability for any claim arising out of personal injury for damages and defence costs suffered outside of New Zealand and from any proceeding brought in any Court outside of New Zealand.
jurisdiction Not on file The construction, interpretation and meaning of the provisions of this policy shall be determined in accordance with New Zealand law. In the event of any dispute arising under this policy including, but not limited, to its construction and/or validity and/or performance and/or interpretation, you will submit to the exclusive jurisdiction of any competent Court in New Zealand.
key exclusions Not on file 
[
  "any liability of whatsoever nature in connection with, directly or indirectly caused by or contributed to by or arising from asbestos or asbestos products in whatever form or quantity",
  "any liability for, or fulfil any obligation in respect of any claim or defence costs, which are directly or indirectly caused by or contributed to, or arise directly or indirectly out of the action or effects of mould, fungi, mildew, rot, decay, gradual deterioration, micro-organisms, bacteria, protozoa or any similar or like forms, in any building or structure",
  "any liability of whatsoever in connection with or contributed to, or from a cyber event",
  "any personal injury for which cover to any extent is provided by the Accident Compensation Act 2001 or would have been, had a claim been made",
  "any personal injury which has resulted from any breach or contravention of any provisions of the Health and Safety at Work Act 2015 or any failure to comply with any improvement or prohibition notice issued thereunder",
  "any judgment entered in any Court other than a New Zealand Court, or any debt incurred by you as the result of such a judgment",
  "any claim which is or should properly be brought in the Employment Tribunal or Employment Court, or for any personal grievance",
  "any fines or penalties including any exemplary, punitive, liquidated or aggravated damages levied against you",
  "any claim made, threatened or in any way intimated against you and not notified to us prior to the commencement of the period of insurance or, if this policy is renewed, prior to the effective date of renewal",
  "any claim for personal injury which has taken place or allegedly taken place prior to the retroactive date stated in the schedule",
  "any circumstance or personal injury of which, at the commencement of the period of insurance or, if this policy is renewed, the effective date of renewal, you were aware or ought reasonably to have been aware and may give rise to a claim against you",
  "any liability arising out of any litigation in existence at the commencement of the period of insurance",
  "any ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel",
  "any nuclear weapons material",
  "any liability for any claim arising out of personal injury for damages and defence costs suffered outside of New Zealand and from any proceeding brought in any Court outside of New Zealand",
  "any death, injury, illness, loss, damage, costs or expenses of whatsoever nature caused by or arising out of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military or usurped power or confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any government or public or local authority",
  "any act of terrorism or any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism"
]
hswa handling Not on file Excluded: any personal injury which has resulted from any breach or contravention of any provisions of the Health and Safety at Work Act 2015 or any failure to comply with any improvement or prohibition notice issued thereunder. Separately, penalties (defined to include reparation orders) imposed upon conviction for an offence under the Health and Safety at Work Act 2015 are defined but fines or penalties are excluded under Exclusion 5.5.
excess default Not on file The deductible means the amount you first bear in relation to each occurrence. The deductible applies to all amounts payable under this policy. Our liability under this policy applies only to that part of such claims exceeding the deductible stated in the schedule.
aggregation basis Not on file All claims for damages and defence costs arising out of any one personal injury or inter-related personal injuries are deemed to be one claim. Any claim arising from inter-related personal injuries is deemed to have originated in the earliest period of insurance in which any of the personal injuries is first notified to us. Our liability to indemnify you for all claims is limited in the aggregate to the limit of liability specified in the schedule for any one period of insurance.
claims made trigger Not on file claims for damages which you shall become legally liable to pay as a result of any direct employee (including any temporary or part-time employee) of yours sustaining personal injury arising out of or in the course of their employment and which is notified to us during the period of insurance stated in the schedule or within 30 days after its expiry, or, if exercised, the extended reporting period.
automatic extensions Not on file 
[
  "Newly created or acquired subsidiary automatically included subject to written notice, underwriting information and payment of any additional premium required",
  "Subsidiary ceasing to be a subsidiary continues to be covered until expiry of the period of insurance in respect of personal injury that occurred after the retroactive date and until the date such entity ceased to be a subsidiary"
]
run off availability Not on file If we terminate or refuse to renew this policy, you are entitled to an extension of the cover granted under this policy for a further period of 12 months immediately following termination or non-renewal of the policy, but only in respect of any personal injury taking place both before the effective date of termination or non-renewal and after the retroactive date. If this right is exercised, then this further period shall be part of the last period of insurance and not an additional period. The entitlement to this extension must be exercised by written notice from you prior to the effective date of termination or within 30 days following the effective date of non-renewal.
reparation orders covered Not on file penalties mean any court costs, reparation order, prosecution witness costs and expenses and prosecution solicitors' costs imposed by the Court on you, upon conviction for an offence under the Health and Safety at Work Act 2015.
retroactive date handling Not on file Provided that the personal injury has taken place on or after the retroactive date. Any claim for personal injury which has taken place or allegedly taken place prior to the retroactive date stated in the schedule is excluded.
occurrence basis vs claims made Not on file claims_made
defence costs in or outside limit Not on file in_limit