All cover · Association liability
Delta Insurance vs Dual New Zealand — Association liability
Association liability covers the boards of incorporated societies, NFPs, industry bodies, sports clubs and body corporates. Structure mirrors management liability but with NFP-specific exclusions (member-vs-member disputes, volunteer-status).
Delta Insurance
Delta Insurance New Zealand Limited
Wording on file: Delta Associations Liability
Effective: 2023-08-01
Tier D (blocked) FCIB panel
Dual New Zealand
Dual New Zealand Limited
Wording on file: Dual Association Liability
Effective: 2018-08-01
Tier D (blocked) FCIB panel
Side-by-side fact comparison
Each row is a fact-key from the Association 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 | Delta Insurance | Dual New Zealand |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| modules included | Not on file | [ "1.1 Cover for You (Insured Persons – Side A)", "1.2(a) Professional Indemnity", "1.2(b) Crime", "1.2(c) Association Reimbursement", "1.2(d) Association Liability", "1.2(e) Employment Practices", "1.2(f) Trustee", "1.2(g) Taxation Investigation" ] |
| volunteer definition | Insured Person means any: (a) Executive; (b) Employee, but only during such time as the Claim against such Employee is also made against an Executive; (c) natural person serving as a representative or a director of a Named Insured; (d) Outside Positions Insured Person in accordance with Optional Extension 2 Outside Positions. | Volunteers are included within the definition of associated person as: 'student, secondee or volunteer pursuing studies, gaining work experience or performing the duties of an employee under the association's supervision' |
| member vs member exclusion | Not on file | Exclusion 3.9: Any claim brought by any shareholder owning, directly or indirectly, at least 15% of the voting share capital of the association or any of its subsidiaries or any associated association and/or by any shareholder that has or had any Board representation on the association or any of its subsidiaries or any associated association. |
| employment practices extension | Not on file | Insuring Clause 1.2(e): cover in respect of any claim first made against the association and reported to us during the insurance period for an employment practice breach. Sub-limit applies as specified in schedule, forming part of and not in addition to the indemnity limit. |
| defence costs in or outside limit | in_limit | outside_limit |
| key exclusions | [ "Asbestos", "Bodily Injury/Property Damage (other than emotional distress or mental anguish)", "Dishonesty and Fraud", "Excluded Losses (fines or penalties imposed by statute except Quasi Judicial orders; taxes except GST; multiple portion of multiplied damage award; amounts prohibited by law)", "Pre Retroactive Date", "Insured vs Insured (subject to cross-claim/third party contribution carve-out)", "Pollution", "Territorial Limits", "Fee Refund", "Sale and or Supply of Goods", "Prior Knowledge", "Terrorism", "War and Civil War", "Radioactive Contamination and Explosive Nuclear Assemblies", "Sanctions" ] | [ "3.1 Assumed Liability – liability assumed by warranty, guarantee, indemnity, contract or agreement unless liability would exist in absence thereof", "3.2 Bodily Injury / Property Damage – except mental anguish or emotional distress arising from employment practice breach", "3.3 Defamation, Breach of Privacy and Intellectual Property – libel, slander, invasion of privacy, breach of confidence, IP infringement (subject to carve-out under 2.7 and 2.18)", "3.4 Excluded Activities – finance/mortgage broking, legal advice, corporate advisory, stockbroking, financial planning, insurance, funds management, accounting/tax advice, medical advice, property valuation, construction cost estimates, construction/installation, property development warranty breach, contractor responsibilities, goods in care/custody/control, activities not part of insured's business", "3.5 Insolvency – claims connected with insolvency, liquidation, bankruptcy, receivership or administration", "3.6 Insured v Insured – claims brought by or on behalf of the association or outside entity (subject to carve-outs)", "3.7 Investment Performance – market manipulation, financial/investment advice, failure to warn of market risks", "3.8 Liability as Occupier, Motor, Marine – real estate occupation/ownership, aircraft, marine craft, motor vehicles", "3.9 Major Shareholder – claims by shareholders owning 15%+ voting share capital or with board representation", "3.10 Pollution – discharge, dispersal, release or escape of pollutants (defence costs available under 2.27)", "3.11 Product Liability – claims arising from manufacture, preparation, modification, repair, supply, maintenance or treatment of goods or products", "3.12 Prospectus Liability – claims connected with disclosure documents containing offers for issue, sale or transfer of securities", "3.13 Superannuation Liabilities – failure to pay into funds, or claims for benefits", "3.14 Territory – acts occurring outside countries specified in schedule", "3.15 Trading Debt – claims arising from trading debt, business liability or guarantees for debt", "3.16 Wilful Conduct – personal profit/advantage, insider trading, wilful violation of Act of Parliament (only if established by judgment, final adjudication or admission)", "3.17 Crime exclusions: consequential loss, credit risks, dual controls failure, fees/costs/expenses of establishing loss, fire (except 2.26), intellectual property, inventory computation losses, liabilities to third parties (fines/penalties), loss sustained after knowledge, non-violent crime, premises damage, prior/subsequent discovery of loss, reckless conduct, securities dealing/trading, voluntary exchange, theft/fraud by directors/officers with 5%+ shareholding", "3.18 Crime: direct financial loss first discovered prior to insurance period or after end of period/discovery period; loss connected with employee/third party within 30 days of director/officer knowledge; loss caused by employee where director/officer knew of prior dishonesty; loss connected with shareholders with 5%+ voting share capital", "3.19 Crime: dishonest acts committed outside Australia or New Zealand (or outside New Zealand if territory stated as New Zealand only)", "3.20 Association Liability exclusions: IP rights breaches; anti-trust/competition law; contractual liability (except employment practice breach where liability would exist absent contract); fines, penalties or non-monetary relief; paid/unpaid leave obligations under law or industrial instrument; workers' compensation, OHS, disability benefits, unemployment, retirement, social security obligations", "3.21 Taxation Investigation exclusions: delay/refusal to comply with IRD requests; non-audit IRD inquiries; offshore income audits; customs legislation; prior-period audit notice; fraudulent acts/misrepresentation; criminal prosecution penalties/fines; returns not prepared by accountant/registered tax agent; tax audit costs incurred after audit completion" ] |
| territory | Territorial Limits means the countries or territories as shown in Items 10 and 11 of the Schedule. | Any claim or liability arising from or directly or indirectly attributable to or in consequence of any act, error or omission that occurred outside the countries specified in the schedule. |
| jurisdiction | This Policy shall be construed according to the laws of New Zealand. Any issue and all disputes relating to this Policy shall be determined by the laws of New Zealand, whose courts shall have exclusive jurisdiction to hear any dispute. | Not on file |
| excess default | The Excess means the amount shown in Item 4 of the Schedule. No Excess applies to Insuring Agreement 1.1. | Not on file |
| aggregation basis | The Limit of Liability is the maximum liability of the Underwriters as in Item 3A of the Schedule. Where a Coverage Section provides for related Claims, a single Excess shall apply to all amounts covered by the Policy that arise from all related Claims. | All claims which arise out of or are attributable to or are in any way connected with a single wrongful act, employment practice breach, trustee breach or dishonest act shall constitute a single claim for the purposes of this policy. |
| claims made trigger | The Underwriters will pay on behalf of any Insured Person the Loss arising from a Claim first made during the Policy Period (or Extended Reporting Period – if applicable) against such Insured Person for any Wrongful Act | any claim first: a. made against such insured person, and b. reported to us during the insurance period |
| automatic extensions | [ "Continuous Cover", "Estate Extension", "Loss Mitigation", "Defamation – Insuring Agreement 1.3 only", "Fair Trading Act 1986 – Insuring Agreement 1.3 only", "Dishonesty and Fraud – Insuring Agreement 1.3 only", "Loss of Documents – Insuring Agreement 1.3 only", "Quasi Judicial – Insuring Agreement 1.3 only" ] | [ "2.1 Automatic Reinstatement for Insured Persons", "2.2 Committees", "2.3 Continuous Cover", "2.4 Contractual Penalties", "2.5 Crime Investigation Fees", "2.6 Crisis Containment", "2.7 Defamation", "2.8 Discovery Period", "2.9 Disposal of Subsidiary", "2.10 Emergency Defence Costs", "2.11 Employee Plans", "2.12 Extortion", "2.13 Fair Trading Act", "2.14 Former Subsidiary Cover", "2.15 Heirs, Estates and Legal Representatives", "2.16 Insured v Insured Defence Costs", "2.17 Interest Receivable or Payable", "2.18 Internet Liability", "2.19 Loss of Data", "2.20 New Subsidiary", "2.21 Occupational Health and Safety", "2.22 Official Investigations and Inquiries", "2.23 Order of Payment", "2.24 Outside Directorship Cover", "2.25 Panel Counsel", "2.26 Physical Loss or Destruction of or Damage to Money or Securities", "2.27 Pollution Defence Costs", "2.28 Public Relations Cover", "2.29 Retirement Cover", "2.30 Software Reconstitution Costs" ] |
| run off availability | If this Extension is shown as Included in Item 5 of the Schedule and the Policy is not renewed by the Underwriters, the Insured shall have the right to purchase an Extended Reporting Period. The Extended Reporting Period means a period of 12 months, commencing on the Expiry Date as shown as item 2B of the Schedule. The Insured shall not have any right to an Extended Reporting Period in the event of any management and or organisational change or in the event of cancellation or non-renewal for non payment of premium. Any Extended Reporting Period provided by this Policy shall not increase or reinstate any Limit of Liability or Sublimit of Liability of this Policy and is non-cancellable. | Discovery periods available: (a) automatic 30-day free period; (b) 12-month period at 100% additional premium if requested within 15 days of policy end; (c) 84-month period on transaction terms. Retirement cover: any insured person who retired before policy expiry is automatically entitled to an 84-month discovery period at no additional premium if policy is not renewed or replaced and no discovery period is purchased. |
| fair trading act handling | The Underwriters will indemnify the Insured for any Claim made under sections 9 to 14 of the Fair Trading Act 1986 which arises out of a Breach of Professional Duty. (Automatic Extension 5 – Insuring Agreement 1.3 only) | We agree to pay to or on behalf of the insured all loss resulting from any claim for compensation made against the insured alleging breach of any of sections 9-14 of the Fair Trading Act 1986. |
| fines insurable acts list | [ "Goods and Services Tax Act 1985 (GST indemnity payable in addition to Limit of Liability)" ] | Not on file |
| retroactive date handling | Exclusion 5 (Pre Retroactive Date) excludes any Claim arising from any Wrongful Act and or Breach of Professional Duty committed or allegedly committed prior to the Retroactive Date shown in the Schedule. The Retroactive Date means the date shown in Item 7 of the Schedule. | This policy shall only provide cover in respect of wrongful act, employment practice breach, trustee breach, tax audit notice or dishonest act arising from an act, error or omission of the insured committed or allegedly committed after the retroactive date. |
| investigation costs covered | Investigation means any formal civil, criminal, administrative or regulatory investigation into the conduct of an Insured Person in their capacity as an Insured Person of the Named Insured, which is commenced by the filing or issuance of a notice of charges, subpoena or formal investigative order. Defence Costs that relate to a Claim or Investigation are included within the definition of Loss. | We agree to pay defence costs incurred with our prior written consent for any attendance by an insured person for examination at any official investigation, examination or inquiry in relation to the affairs of the association or any other examination of the insured person by virtue of his/her position as a director of the association where such investigation, examination or inquiry may lead to a recommendation in respect of civil liability or civil proceedings which would be a claim covered under this policy. |
| insured vs insured exclusion | brought by or on behalf of any Insured against any other Insured; provided, however, that this Exclusion shall not apply to any Claim made under this Policy brought by an Insured that is in the form of a cross-claim or third party claim for contribution or indemnity which is part of, and results directly from, a Claim which is not otherwise excluded. | Exclusion 3.6: Any claim which is brought by or on behalf of the association or any outside entity, subject to carve-outs for: (a) contribution/indemnity claims directly resulting from another covered claim; (b) claims by court-appointed external administrators without insured person solicitation; (c) shareholder derivative actions without insured person solicitation; (d) regulatory authority claims without insured person solicitation. Defence costs payable for these carve-outs under Automatic Coverage Clause 2.16. |
| dishonesty exclusion carve out | Notwithstanding exclusion 3, the Underwriters will indemnify the Named Insured for any Claim made against the Named Insured arising from any dishonest or fraudulent act or omission committed by any Employee, provided that: (a) such conduct has not been knowingly permitted or condoned by any other Insured who is un-connected with such Claim; and (b) there is no indemnity for the person(s) who carried out, or was alleged to have carried out, the conduct or condoned the conduct; and (c) this arises from a Breach of a Professional Duty. (Automatic Extension 6 – Insuring Agreement 1.3 only) | Exclusion 3.16 (Wilful Conduct) only applies if it is established through a judgment or any other final adjudication adverse to the insured, or any admission by an insured, that the relevant conduct did in fact occur. The conduct and knowledge of any insured shall not be imputed to any other insured. |
| contractual liability extension | Outside Positions: the Underwriters agree to indemnify the Insured for any Claims for Wrongful Act, brought against an Insured Person who at the specific request or direction of a Named Insured, acts as an Executive or equivalent thereof of an Outside Entity but only whilst that person is acting in their capacity as such. The extent of indemnity afforded by Underwriters shall be in excess of any indemnification from an Outside Entity and any other insurance coverage provided to an Outside Entity or its executives, directors, officers, trustees, or equivalent. | Exclusion 3.1 excludes assumed liability unless the insured would have incurred the liability in the absence of such warranty, guarantee, indemnity, contract or agreement. Automatic Coverage Clause 2.4 (Contractual Penalties) pays any penalty for which the insured is liable under a written contract resulting directly from direct financial loss covered by this policy. |
| occurrence basis vs claims made | claims_made | claims_made |
| products liability specific exclusions | [ "for any loss alleging or arising from the sale, supply, installation, efficacy or manufacture of goods by or on behalf of the Insured (Exclusion 10 – Sale and or Supply of Goods)" ] | Not on file |
| crime module | Not on file | Insuring Clause 1.2(b): covers direct financial loss first discovered during the insurance period which results from a dishonest act of an associated person acting alone or in collusion with others, or of a third party committed with the intention of causing the association to sustain a direct financial loss. Sub-limit specified in schedule, forming part of and not in addition to the indemnity limit. |
| hswa handling | Not on file | Notwithstanding Exclusion 3.2 (Bodily Injury / Property Damage), we agree to pay defence costs in respect of any claim that is both first made against an insured and first reported to us during the insurance period where such claim arises from a breach or alleged breach of the Health and Safety at Work Act 2015 (or any amendment or re-enactment thereof), or any other New Zealand or Australian legislation governing workplace conditions and procedures. This Automatic Coverage Clause will not apply if the insured has cover under a Statutory Liability Policy. |
| tax investigation module | Not on file | Insuring Clause 1.2(g): where during the insurance period the association has both received a tax audit notice and reported it to us, we will provide cover to the association for necessary and reasonable tax audit costs incurred by the association up to the completion of the audit or investigation. Sub-limit specified in schedule, forming part of and not in addition to the indemnity limit. |
| products liability bundled | Not on file | Excluded. Exclusion 3.11: Any claim or liability arising from or in connection with the manufacture, preparation, modification, repair, supply, maintenance or treatment of any goods or products sold, supplied or distributed by the insured. |
| aggregate or separate limits | Not on file | Sub-limits for Crime (1.2b), Association Liability (1.2d), Employment Practices (1.2e) and Taxation Investigation (1.2g) each form part of, and are not payable in addition to, the indemnity limit. Defence costs are payable in addition to the indemnity limit up to an amount not exceeding the same indemnity limit. Total liability for all claims shall not exceed the indemnity limit subject to Automatic Coverage Clause 2.1 Automatic Reinstatement for Insured Persons (up to twice the indemnity limit for subsequent unrelated insured person claims). |