All cover · Association liability
Delta Insurance vs QBE — 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
QBE
QBE Insurance (Australia) Limited (NZ branch)
Wording on file: QBE Combined Association Liability
Effective: 2015-12-14
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 | QBE |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| modules included | Not on file | Not on file |
| 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. | Employee means any person employed by the Association under a contract of service or apprenticeship, on a full-time, part-time, seasonal or voluntary basis. Insured Person means any person who was, is or may become a director, secretary, officer, trustee, committee member or Employee of the Association, on a full-time, part-time, seasonal or voluntary basis. In respect of Automatic Extension 8 (Fidelity), the Employee definition will not include people employed on a voluntary basis. |
| member vs member exclusion | Not on file | Section A Exclusion 8 (Insured v Insured): Claims brought by an Insured are excluded, subject to the carve-out for Employment Disputes (Automatic Extension 5). Section A Exclusion 14 (Related or Associated Entities): Claims brought or maintained by or on behalf of any person, firm, company or entity operated or controlled by any Insured, or in which any Insured has a direct or indirect financial interest, are excluded. |
| employment practices extension | Not on file | Automatic Extension 5 (Employment Disputes): Under Insuring Clause 1 (Officer's Indemnity) only, and notwithstanding Exclusion 7 (Harassment/Discrimination) and Exclusion 8 (Insured v Insured), the Policy is extended to indemnify the Insured for any Valid Claim alleging or arising out of any Employment Dispute. Sub-limit NZD 100,000, inclusive of all Defence Costs and expenses, for any one (1) Claim or in the annual aggregate, part of and not in addition to the Limit of Indemnity. Subject to the Employment Disputes Excess as specified in the Schedule. Optional Extension 1 (Automatic Reinstatement) does not apply to this extension. |
| defence costs in or outside limit | in_limit | mixed |
| 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" ] | [ "Bodily injury/property damage (Section A, except mental injury, mental anguish or emotional distress)", "Employee benefits (breach of fiduciary duty re employee benefit or pension plan)", "Family members (claims brought by family members)", "Financial condition (insolvency etc under Association Professional Indemnity)", "Fines and penalties (taxes, fines, penalties, liquidated, aggravated, multiple, punitive or exemplary damages)", "Fraud (dishonest, fraudulent, criminal, malicious or deliberate act or omission, or wilful violation of statute)", "Harassment/Discrimination", "Insured v Insured (subject to Employment Disputes carve-out)", "Jurisdiction (claims outside scheduled countries)", "Liability assumed (contractual liability beyond that which would otherwise exist)", "Pollution", "Prior or pending claims", "Refund of fees", "Related or associated entities", "Supply of goods (under Association Professional Indemnity)", "Territorial limit (Wrongful Act outside scheduled territory)", "Section B: Aircraft and watercraft", "Section B: Aircraft products", "Section B: Contractual liability (subject to exceptions)", "Section B: Defamation (libel or slander)", "Section B: Defective materials, design and workmanship", "Section B: E-commerce", "Section B: Failure to insure", "Section B: Fines and penalties", "Section B: Insured's products (property damage to)", "Section B: Loss of use", "Section B: North American Countries", "Section B: North American exports", "Section B: Offshore gas or oil platforms", "Section B: Personal injury to employees", "Section B: Pollution (subject to sudden/unexpected exception)", "Section B: Professional liability", "Section B: Property being worked upon", "Section B: Property owned or in care, custody or control", "Section B: Vehicles", "Section B: Withdrawal or repair of products" ] |
| territory | Territorial Limits means the countries or territories as shown in Items 10 and 11 of the Schedule. | Section A: territorial limit specified in the Schedule; Loss of Documents limited to New Zealand or Australia. Section B: Policy Territory means Worldwide, unless otherwise stated in the Schedule, and subject to Exclusions 11 (North American Countries) and 12 (North American Exports) and the limitations to New Zealand only in Automatic Coverage Clauses 5, 7, 9, 10 and 11 of this section. |
| 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. | Section A Exclusion 9: In respect of any legal action: first brought in a court outside the jurisdiction of the countries specified in the Schedule; or brought in a court within the jurisdiction of the countries specified in the Schedule to enforce a judgment of a court outside the jurisdiction of the countries specified in the Schedule whether by way of a reciprocal agreement or otherwise; or in which the proper law to be applied to the issues or any of them is that of a country other than the countries specified in the Schedule. |
| 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. | Section A: The total Limit of Indemnity payable for all Loss in respect of any one (1) Valid Claim, or all such Valid Claims in the aggregate, will not exceed the Limit of Indemnity. All causally connected wrongful acts deemed interrelated and constitute a single Loss. Section B: QBE's maximum liability in respect of any claim, or any series of claims, arising out of one (1) Occurrence; all Personal Injury or Property Damage from continuous or repeated exposure to substantially the same general conditions construed as arising out of one (1) Occurrence. |
| 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 made against the Insured during the Period of Insurance; notified in writing by the Insured to QBE during the Period of Insurance; and alleging a Wrongful Act that occurred subsequent to the Retroactive Date. |
| 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" ] | [ "Advancement of defence costs", "Amalgamation/merger (notice within 60 days, no cover for Wrongful Acts prior to merger)", "Continuous cover (subject to QBE being continuous insurer)", "Defamation (unintentional)", "Employment disputes (sub-limit NZD 100,000 inclusive of Defence Costs, per claim and aggregate)", "Estate and legal representatives/spousal liability", "Fair Trading Act 1986 (Sections 9 to 14)", "Fidelity (sub-limit NZD 100,000 per claim and aggregate, subject to Fidelity Excess)", "Innocent non-disclosure", "Intellectual property (unintentional infringement arising from Association Services)", "Internet liability extension (sub-limit NZD 100,000 Loss and NZD 100,000 Defence Costs)", "Loss of documents (limited to NZ or Australia)", "Official investigations and inquiries (maximum NZD 250,000 part of Defence Costs Limit of Indemnity)", "Preservation of indemnity", "Retired officers (12-month discovery period on non-renewal)", "Severability and non-imputation", "Successful defence of criminal prosecution" ] |
| 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. | Optional Extension 3 (Extended Reporting Period): if QBE cancels or refuses to offer renewal, Insured Persons and/or the Association have the right to extend for twelve (12) months, exercised within ten (10) days, at an additional premium of seventy-five per cent (75%) of the expiring annual premium. Applies only to Insuring Clause 1 (Officers Indemnity) of Section A. Automatic Extension 15 (Retired Officers): if the Insured does not renew, a discovery period of twelve (12) months is provided for Insured Persons who ceased to act before non-renewal. |
| 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) | Automatic Extension 7 of Section A: QBE will indemnify the Insured for all Loss and Defence Costs arising from any Valid Claim for compensation made against the Insured alleging breach of Sections 9 to 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. | Cover under Section A applies to Wrongful Acts that occurred subsequent to the Retroactive Date. Under Automatic Extension 8 (Fidelity), Loss must have occurred after the Retroactive Date. No retroactive date applies to Section B (occurrence basis). |
| 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. | Automatic Extension 13 (Official Investigations and Inquiries): QBE will pay Defence Costs arising out of any legally compellable attendance by an Insured Person, or Defence Costs arising out of costs awarded against the Insured Person challenging or bringing court proceedings to set aside any official investigation, examination or inquiry in relation to the affairs of the Association where such official investigation, examination or inquiry may lead to a Valid Claim. Maximum aggregate NZD 250,000, part of and not in addition to the Defence Costs Limit of Indemnity. |
| 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. | Section A Exclusion 8: Claims brought by an Insured are excluded, but this exclusion will not apply in respect of cover provided under Automatic Extension 5 (Employment Disputes). |
| 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) | Section A Exclusion 6 (Fraud) excludes dishonest, fraudulent, criminal, malicious or deliberate acts. However, Automatic Extension 8 (Fidelity) carves back cover notwithstanding Exclusion 6 for loss caused by dishonest acts or omissions of specific and identifiable Employees, subject to conditions including dual signatories on cheques, annual independent audit, sub-limit NZD 100,000 per claim and in aggregate, and Fidelity Excess. |
| 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. | Section B Exclusion 3: Contractual liability excluded except to the extent the Insured would have been liable even if there had been no contract; exceptions include lease or hire of real or personal property, representation or warranty of fitness or quality in respect of Insured's Products or workmanlike performance warranty, and contracts or agreements noted in the Schedule. Section A Exclusion 10: liability incurred under an agreement where it would not otherwise have existed is excluded, except for agreements to provide professional services to a client or customer (except where liability is accepted regardless of fault). |
| occurrence basis vs claims made | claims_made | mixed |
| 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)" ] | [ "Aircraft products (incorporated into Aircraft structure, machinery or controls)", "Defective materials, design and workmanship (cost of rectifying)", "E-commerce (Internet Operations)", "Insured's Products property damage", "Loss of use resulting from failure to meet warranted performance", "North American Countries", "North American exports", "Offshore gas or oil platforms", "Property being worked upon", "Withdrawal or repair of products" ] |
| efficacy exclusion | Not on file | Section B Exclusion 10.2: Loss of use of tangible property resulting from the failure of the Insured's Products to meet the level of performance, quality, fitness or durability that has been warranted or represented expressly or impliedly by the Insured. |
| privacy act handling | Not on file | Section A Automatic Extension 11.5: cover for unintentional breach of confidentiality or infringement of any right to privacy, including any alleged breach of the terms of the Privacy Act 1993, in connection with the Insured's website, internet, electronic mail or electronic network use. Sub-limit: NZD 100,000 for Loss and NZD 100,000 for Defence Costs, each part of and not in addition to the respective Limits of Indemnity. |
| recall cost handling | Not on file | Automatic Coverage Clause 5 (Product Withdrawal Costs): Notwithstanding Exclusion 20 (Withdrawal or Repair of Products), QBE will indemnify the Insured for up to eighty per cent (80%) of costs reasonably incurred in the withdrawal or recall from use in New Zealand of the Insured's Products which have the same defect as a product that has already given rise to a claim covered under Insuring Clause 1. Sub-limit NZD 100,000 inclusive of Costs and Expenses per Period of Insurance; excess NZD 2,500 inclusive of Costs and Expenses per withdrawal or recall. |
| products liability bundled | Not on file | Section B (General Liability) includes public and products liability under a single insuring clause. QBE will indemnify the Insured for all sums that the Insured will become legally liable to pay as Damages in respect of Personal Injury or Property Damage caused by an Occurrence in connection with the Business of the Insured. |
| aggregate or separate limits | Not on file | Section A: single Limit of Indemnity for all Loss in respect of any one (1) Valid Claim or all Valid Claims in the aggregate, including Automatic Extensions. Defence Costs Limit of Indemnity is separate. Sub-limits for specific extensions (Employment Disputes NZD 100,000; Fidelity NZD 100,000; Internet Liability NZD 100,000 Loss and NZD 100,000 Defence Costs; Official Investigations NZD 250,000; Exemplary Damages up to NZD 1,000,000 or Limit of Indemnity whichever lesser) are all part of and not in addition to the respective Limits of Indemnity. Section B: Limit of Indemnity per Occurrence and in aggregate for Products; sub-limits under Automatic Coverage Clauses are included in and not in addition to the Schedule Limit of Indemnity. |