All cover · Statutory liability
aig vs Zurich — Statutory liability
Statutory liability covers fines and defence costs for unintentional breaches of NZ statutes (HSWA, Privacy Act, RMA, Fair Trading Act). Insurability of the fine itself depends on the Act — defence costs and reparation orders are universally insurable.
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 Statutory Liability
Effective: 2022-05-26
Tier D (blocked) FCIB panel
Side-by-side fact comparison
Each row is a fact-key from the Statutory 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 |
| defence costs in or outside limit | Not on file | in_limit |
| fines insurable acts list | Not on file | [ "Any Act of the New Zealand Parliament (including amendments, re-enactments, Codes, Regulations or other subordinate legislation made under those Acts) except Excluded Acts", "Health and Safety at Work Act 2015 (reparation orders only, not fines)" ] |
| reparation orders covered | Not on file | Fine does not include a fine imposed pursuant to the Health and Safety at Work Act 2015, but this definition is extended to include a sentence of reparation imposed following a conviction under that Act. Also, any court order in the nature of damages or compensation is excluded, except a sentence of reparation following a Health and Safety at Work Act prosecution. |
| hswa handling | Not on file | Fines under the Health and Safety at Work Act 2015 are not covered (excluded from the definition of 'fine'), but reparation orders following a conviction under that Act are covered. Defence costs for HSWA prosecutions are covered. Enforceable undertakings under Section 123 of the Health and Safety at Work Act 2015 are covered for reparation payments to victims and reasonable defence costs in drafting/preparation, subject to conditions. The personal grievances exclusion does not apply to any investigation or inquiry by WorkSafe New Zealand pursuant to the Health and Safety at Work Act 2015. The private prosecutions exclusion does not apply to any private prosecution brought under the Health & Safety at Work Act 2015. |
| privacy act handling | Not on file | Not on file |
| fair trading act handling | Not on file | Not on file |
| rma handling | Not on file | Not on file |
| key exclusions | Not on file | [ "Asbestos: any liability in connection with, directly or indirectly caused by or contributed to by or arising from asbestos or asbestos products in whatever form or quantity.", "Aggravated, Punitive or Exemplary damages: any damages, including exemplary, punitive, liquidated or aggravated damages imposed by a Court for the breach of any Act of Parliament.", "Building defects: any liability in connection with any building or structure affected by moisture/water penetration, mould/fungi/mildew/rot/decay/micro-organisms, or failure to comply with building code requirements.", "Daily continuing offences: cost or payment of any abatement, enforcement, remedial or compliance order; failing to comply with such notices or orders; any fine for a daily continuing offence imposed after you first received notice of intention to prosecute.", "Deliberate disregard: deliberate or reckless disregard of any Act of Parliament; instructing another to discharge obligations without taking reasonable steps; failure to comply with lawful abatement notice, enforcement order, improvement notice, prohibition notice, suspension notice, building consent, Notice to Rectify, Compliance Schedule, Gazetted Notice, or order made by a Human Rights or Privacy Review Tribunal.", "Dishonest acts: any event brought about or contributed to by any dishonest, fraudulent or malicious act or omission.", "Excluded Acts: Arms Act 1983; Aviation Crimes Act 1972; Crimes Act 1961; Criminal Investigations (Blood samples) Act 1995; Criminal Proceeds (Recovery) Act 2009; Land Transport (Road Safety and Other Matter) Amendment Act 2011; Misuse of Drugs Act 1975; Summary Offences Act 1981; Land Transport Act 1998; Anti-Money Laundering and Countering Financing of Terrorism Act 2009; and any other Act specified in the schedule as a further Excluded Act.", "Orders and Costs: any order for payment of costs under the Commissions of Inquiry Act 1908; any court order in the nature of damages or compensation (except reparation following HSWA prosecution); any action, proceeding, inquiry, investigation or prosecution by the Inland Revenue Department or any other revenue collecting authority.", "Personal grievances: any contract of service with any current, former or prospective employee, including any personal grievance or similar action (except WorkSafe NZ investigations under HSWA).", "Prior and pending: any event after the retroactive date but before inception date if you knew or ought to have known and failed to notify before inception.", "Private prosecutions: any prosecution by a person other than the statutory authority or enforcement agency under the relevant Act (except private prosecutions under HSWA).", "Radioactive contamination: ionising radiations or contamination by radioactivity from nuclear fuel or nuclear waste; nuclear weapons material.", "Securities: any actual or alleged offence under an Act of Parliament in relation to the offer, sale or distribution of securities.", "Taxes: any event in connection with a requirement to pay taxes, rates, duties, levies, charges, fees or any other kind of revenue under an Act of Parliament.", "Territorial limits: any liability suffered outside of New Zealand and from any judgment brought in any Court outside of New Zealand.", "War, Act of terrorism: any death, injury, illness, loss, damage, costs or expenses caused by or arising out of war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military or usurped power; or any act of terrorism." ] |
| territory | Not on file | any liability suffered outside of New Zealand and from any judgment brought in any Court outside of New Zealand [is excluded]. |
| 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. |
| aggregation basis | Not on file | Our liability to indemnify you for all events under this policy is limited in the aggregate to the amount specified in the schedule applicable for the period of insurance within which you have, or should have, first notified us of the event. The most we will pay in total for all defence costs incurred during the period of insurance is the limit of liability. |
| claims made trigger | Not on file | This policy is a 'Claims Made and Notified' liability insurance policy. It only provides cover if: 1. Arising out of an offence that occurs during the period of insurance and is notified to us during the period of insurance; and 2. The claim arises out of an event which takes place after the retroactive date stipulated in the schedule. |
| automatic extensions | Not on file | [ "Newly created or acquired subsidiary: any subsidiary created or acquired after inception is automatically included subject to written notice and additional premium.", "Subsidiary change of ownership: cover continues for a subsidiary that ceases to be a subsidiary until the expiry date of the period of insurance, in respect of events occurring after the retroactive date and until the date it ceased to be a subsidiary." ] |
| run off availability | Not on file | If we refuse to renew this policy, you may, upon payment of an additional premium of 100% of the full annual premium payable for the expiring period of insurance, extend the cover under this policy for a further 12 months from the date of expiry. This option must be notified in writing to us within 30 days of the date of expiry. The limit of liability under this extension is part of and not in addition to the limit of liability specified in the schedule. |
| retroactive date handling | Not on file | The retroactive date means the Retroactive Date stated in the schedule. Cover only applies to an event which takes place after the retroactive date stipulated in the schedule. Any event after the retroactive date but before the inception date, if you knew, or ought reasonably to have known, of the event and failed to notify the event to us before the inception date, is excluded. |
| investigation costs covered | Not on file | We will pay your civil defence legal costs in relation to any inquiry involving you. Civil defence legal costs mean the legal costs and expenses, including witness costs and expenses, necessarily and reasonably incurred in relation to: a formal inquiry by a regulatory body, which could lead to a prosecution for an offence; proceedings before a Human Rights or Privacy Complaints Review Tribunal. |
| occurrence basis vs claims made | Not on file | claims_made |