All cover · Employers liability

delta-insurance vs QBE — 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.

delta-insurance

Not on file — request latest wording from delta-insurance via FCIB.

QBE

QBE Insurance (Australia) Limited (NZ branch)

Wording on file: QBE Employers Liability
Effective: 2022-11-01
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 delta-insurance QBE
limit of indemnity options Not on file Not on file
gradual process handling Not on file Not on file
acc interaction Not on file Cover A applies where Personal Injury was not a Personal Injury for which coverage is determined to exist under the Accident Compensation Act 2001 or any preceding, amending or replacement legislation. Cover B applies where Personal Injury was a Personal Injury for which coverage is determined to exist under the Accident Compensation Act 2001 or any preceding, amending or replacement legislation, covering Punitive or Exemplary Damages only. Cover A excludes any Personal Injury for which cover to any extent is provided by the Accident Compensation Act 2001, or would be so provided if the Insured were not an exempt employer, or would have been so provided had a claim been lodged under such legislation.
territory Not on file Personal Injury in New Zealand that arose out of, or in the course of such Employee's employment in the Business
jurisdiction Not on file This insurance shall be governed by the laws of New Zealand whose courts shall have jurisdiction in any dispute arising hereunder.
key exclusions Not on file
[
  "Any Personal Injury suffered by an Employee for which cover to any extent is provided by the Accident Compensation Act 2001 or any preceding, amending or replacement legislation (Cover A exclusion 1)",
  "Any Claim seeking aggravated, punitive, or exemplary damages (Cover A exclusion 2)",
  "Any Claim as a result of wilfully intentional or deliberate conduct of the Insured which it knew, or should have known, could cause injury to any Employee (Cover A exclusion 3)",
  "Any Claim resulting from, or contributed to by, any dishonest, fraudulent, criminal, or malicious act or omission of the Insured (Cover A exclusion 4)",
  "Any Claim arising out of failure to comply with any improvement, prohibition or suspension notice under the Health and Safety at Work Act 2015 (Cover A exclusion 5)",
  "Any Claim in respect of Personal Injury which would not be eligible for cover under the Accident Compensation Act 2001 (Cover B exclusion 1)",
  "Any Claim seeking any relief other than Punitive or Exemplary Damages (Cover B exclusion 2)",
  "Any Claim caused by wilfully reckless and/or contumelious conduct of the Insured (Cover B exclusion 3)",
  "Any Claim arising out of wilfully reckless omission to comply with any improvement, prohibition or suspension notice under the Health and Safety at Work Act 2015 (Cover B exclusion 4)",
  "Any Damages sought or awarded pursuant to a cause of action pleading or alleging trespass to the person, assault, battery, false imprisonment, intentional physical harm, malicious prosecution, sexual harassment or sexual abuse (General Exclusion 1)",
  "Any Claim as a result of the Insured directing an Employee to undertake activities otherwise than in the course of, or in connection with the usual activities of the Insured's Business (General Exclusion 2)",
  "Any Claim arising out of any event, circumstances or accident that occurred prior to the Retroactive Date (General Exclusion 3)",
  "Any liability under any judgment entered in any court other than a New Zealand court (General Exclusion 4)",
  "Any Claim arising from any event of which the Insured had become aware prior to the inception of the Period of Insurance and which a reasonable person would have considered may give rise to a Claim (General Exclusion 5)",
  "Any Claim in respect of losses directly or indirectly arising out of, resulting from or in consequence of, or in any way involving, asbestos or any materials containing asbestos in whatever form or quantity (General Exclusion 6)",
  "Any loss directly or indirectly caused by, resulting from or in connection with any Act of Terrorism (General Exclusion 7)",
  "Any loss where a Claim payment would breach any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulation of any country (General Exclusion 8)"
]
hswa handling Not on file Cover A excludes any Claim as a result of an Employee sustaining Personal Injury which arose out of the failure by the Insured to comply with any improvement, prohibition or suspension notice issued to the Insured or its Employees under the Health and Safety at Work Act 2015. Cover B excludes any Claim as a result of an Employee sustaining Personal Injury which arose out of the wilfully reckless omission of the Insured to comply with any improvement, prohibition or suspension notice issued to the Insured under the Health and Safety at Work Act 2015.
excess default Not on file The Excess specified in the Policy Schedule shall be borne by the Insured, uninsured and at its own risk, in respect of each and every Claim under this Policy. QBE's liability shall be in excess of this amount.
aggregation basis Not on file QBE's maximum liability during any one Period of Insurance for all Claims under Operative Clause 1 is limited to the Limit of Indemnity specified in the Policy Schedule, irrespective of the number of Claims made; or the number of Personal Injuries sustained; or whether indemnity is granted for Claims under either or both Cover A or Cover B of this Policy.
claims made trigger Not on file the Claim against the Insured was first made during the Period of Insurance; and the Claim was immediately notified in writing to QBE by the Insured during the Period of Insurance or within twenty-one (21) days of expiry, time being of the essence; and the Personal Injury arose out of an event, circumstance, accident or happening which occurred subsequent to the Retroactive Date and before the expiry of the Period of Insurance.
automatic extensions Not on file
[
  "Legal Costs and Expenses in addition to the Limit of Indemnity, in an amount equivalent to the Limit of Indemnity or NZD 1,000,000 whichever is the lesser (Limits of Indemnity clause 2)",
  "Where notice of a Claim is given during the Period of Insurance and an Employee makes further or different Claims in a subsequent period arising from the same event, all such additional claims are treated as if made in the Period of Insurance in which the first notice was originally given (Limits of Indemnity clause 3)",
  "Goods and Services Tax: where the Insured is liable to pay tax under section 5(13) of the Goods and Services Tax Act 1985 upon receiving any indemnity payment, QBE will indemnify the Insured for the cost of that tax, in addition to the Limit of Indemnity (General Condition 11)",
  "Circumstances Notified: provided notice has been given to QBE prior to expiration of the Period of Insurance, any Claim arising from the circumstances thus notified which is subsequently made after expiration shall be deemed to have been made and notified during the currency of this Policy (General Condition 6)"
]
run off availability Not on file If QBE refuses to renew this Policy, the Insured may, upon payment of an additional premium of fifty per cent (50%) of the full annual premium payable for the expiring Period of Insurance, extend the cover under this Policy for a further twelve (12) months from the date of expiry, but only in respect of any Claims arising out of any Personal Injury which occurred before such expiry. This option to extend the Policy must be notified in writing to QBE within thirty (30) days of the Policy expiring.
retroactive date handling Not on file The Retroactive Date means the date specified as such in the Policy Schedule. Any Claim as a result of an Employee sustaining Personal Injury that arose out of any event, circumstances or accident that occurred prior to the Retroactive Date is excluded under General Exclusions clause 3.
occurrence basis vs claims made Not on file claims_made
defence costs in or outside limit Not on file outside_limit