All cover · Professional indemnity

Delta Insurance vs QBE — Professional indemnity

Professional indemnity covers your civil liability for claims arising from professional services. Every NZ retail PI wording is claims-made — the retroactive date and run-off availability decide whether old work is covered when you change insurers or close the business.

Delta Insurance

Delta Insurance New Zealand Limited

Wording on file: Delta Professional Indemnity
Effective: 2023-04-01
Tier D (blocked) FCIB panel

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QBE

QBE Insurance (Australia) Limited (NZ branch)

Wording on file: QBE Professional Indemnity
Effective: 2025-01-01
Tier B (stale) FCIB panel

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Side-by-side fact comparison

Each row is a fact-key from the Professional indemnity 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
claims made trigger The Underwriters will indemnify the Insured for the Damages and Defence Costs resulting from any Claim first made against the Insured and notified to the Underwriters during the Policy Period for civil liability for compensation in the performance of Professional Business Services. any Claim: 18.2.1 first made against the Insured during the Period of Insurance; and 18.2.2 notified in writing by the Insured to QBE during the Period of Insurance; and 18.2.3 alleging civil liability, by any act, error, omission or conduct that occurred subsequent to the Retroactive Date in connection with the Insured's Professional Business Practice.
retroactive date handling Exclusion 4.16: arising out of, based upon or attributable to any event, act, error or omission occurring or alleged to have occurred prior to the Retroactive Date stated in Item 6 of the Schedule. The Retroactive Date specified in the Schedule. Valid Claims must allege civil liability by any act, error, omission or conduct that occurred subsequent to the Retroactive Date.
run off availability Not on file Not expressly addressed. Continuous cover extension (Automatic Extension 5) provides that if the Insured has continually been insured under a Professional Indemnity insurance policy between the date when notification should have been given and the date when notification was in fact given, QBE will accept late notification under this Policy on terms applicable to the earlier policy.
defence costs in or outside limit outside_limit mixed
dishonesty exclusion carve out Exclusion 4.7(a) shall apply to Automatic Extension 2.4 but only to dishonest or fraudulent acts or omissions occurring after discovery by the Insured of reasonable cause for suspicion of any such act or omission. Exclusion 4.7(a) shall not apply to any Insured who is innocent of committing or condoning any such dishonest or fraudulent act or omission. Automatic Extension 9 (Fidelity (insured's own)): Notwithstanding Exclusion 10 (Fraud and dishonesty), QBE agrees to indemnify the Insured for Loss sustained in consequence of any dishonest or fraudulent act or omission of any specific and identifiable Employee, up to NZD1,000,000 in the aggregate for any one Loss or related Losses. Automatic Extension 10 (Fraud and dishonesty of employees): Notwithstanding Exclusion 10, QBE agrees to indemnify the Insured for legal liability for any Valid Claim brought about or contributed to by any dishonest, fraudulent, criminal, malicious or deliberate act or omission of or on behalf of an Employee of the Insured, provided such indemnity will not be provided to any person committing or condoning any such act or omission.
territory This Policy applies to: a. Professional Business Services performed, or any other matters which give rise to coverage under this Policy which take place, anywhere in the world; and b. Claims brought against the Insured anywhere in the world except any such Claim brought in the United States of America, Canada or any possession or territory of either such country or any legal proceeding brought to enforce a judgment obtained in any such country, possession or territory. Territorial limits specified in the Schedule. Loss of Documents coverage limited to New Zealand or Australia (Automatic Extension 15.2).
jurisdiction This Policy and any issue, including all and any disputes, relating to its formation, construction, validity or operation shall be determined by the laws of New Zealand whose Courts shall have exclusive jurisdiction to hear any dispute. Interpretation of this insurance will be governed by the laws of New Zealand whose courts of law will have exclusive jurisdiction in any dispute that may arise. QBE will not be liable in respect of any legal action first brought in a court outside the jurisdiction of the countries specified in the Schedule.
aggregation basis All Claims arising out of, based upon or attributable to: a. the same acts, errors or omissions; b. a series of related acts, errors or omissions; or c. the same matter or transaction, shall be considered a single Claim for the purposes of this Policy. A single Excess amount shall apply to all Damages from all Related Claims. Valid Claims are related if they arise out of the same, identical or a series of acts, errors, omissions or conduct, or arise out of or are attributable to the same originating source or cause. QBE's total liability shall not exceed: (1.1) the Limit of Indemnity in respect of any one Valid Claim or all related Valid Claims; and (1.2) three times the Limit of Indemnity in respect of all Valid Claims which are not related.
key exclusions
[
  "4.1 Asbestos",
  "4.2 Associates",
  "4.3 Assumed Duty or Obligation",
  "4.4 Bodily Injury/Property Damage (subject to professional duty carve-out)",
  "4.5 Contractual Liability (subject to Section 2.14 carve-out)",
  "4.6 Fines and Penalties (including punitive, aggravated, multiple, exemplary or other non-compensatory damages)",
  "4.7 Fraud and Dishonesty (subject to innocent insured carve-out)",
  "4.8 Infrastructure",
  "4.9 Insolvency",
  "4.10 Investment Advice",
  "4.11 Land, Building, Transport",
  "4.12 Pollution",
  "4.13 Prior Claims, Knowledge and Notice",
  "4.14 Products",
  "4.15 Radioactive Contamination and Explosive Nuclear Assemblies",
  "4.16 Retroactive Date",
  "4.17 Sanctions",
  "4.18 Terrorism (excluding cyber terrorism)",
  "4.19 War and Civil War"
]
[
  "1. Anti-Money Laundering and Countering Financing of Terrorism Act 2009",
  "2. Asbestos",
  "3. Assumed duty or obligation not in normal conduct of Professional Business Practice",
  "4. Death or bodily injury",
  "5. Directors liability",
  "6. Electronic data (corruption, erasure, theft, alteration, access, interference unless arising from act, error or omission in Professional Business Practice)",
  "7. Employers liability",
  "8. Financial condition (insolvency, bankruptcy, receivership, statutory management or liquidation of the Insured)",
  "9. Fines and penalties (taxes, fines, penalties, liquidated, aggravated, multiple, punitive or exemplary damages)",
  "10. Fraud and dishonesty (subject to Extensions 9 and 10 carve-outs)",
  "11. Harassment/discrimination (bullying, harassment including sexual harassment or molestation, discrimination)",
  "12. Insured and family members claims",
  "13. Investment advisers (non-compliant investments, contributory mortgages, diminution in value, reverse mortgages, investment performance failures)",
  "14. Jurisdiction (outside specified countries)",
  "15. Liability assumed (performance guarantees, liability incurred by agreement where not otherwise existing, trading debts/guarantees, waiver of contribution rights without consent)",
  "16. Nuclear",
  "17. Obligations to employees (bodily/mental injury, sickness, disease, death or property damage of Employees)",
  "18. Occupiers liability",
  "19. Pollution (seepage, pollution or contamination)",
  "20. Prior or pending claims or circumstances",
  "21. Refund of fees",
  "22. Related or associated entities",
  "23. Sanctions",
  "24. Supply of goods (sale, supply, installation, efficacy or manufacture of goods)",
  "25. Territorial limits (outside specified Schedule territory)",
  "26. Terrorism",
  "27. Trading debts",
  "28. War"
]
excess default The applicable Excess set forth in Item 4 of the Schedule shall apply to each and every Claim or other matter giving rise to coverage under this Policy. The Excess shall not apply to Automatic Extension 2.5, Automatic Extension 2.6 or Defence Costs. Not on file
automatic extensions
[
  "2.1 Vicarious Liability",
  "2.2 Defamation",
  "2.3 Intellectual Property",
  "2.4 Dishonest or Fraudulent Employees",
  "2.5 Loss of Documents",
  "2.6 Compensation for Attendance",
  "2.7 Quasi-Judicial",
  "2.8 Fair Trading Act 1986",
  "2.9 Continuous Cover",
  "2.10 Estate Extension",
  "2.11 Marital and Domestic Partner",
  "2.12 Loss Mitigation",
  "2.13 Joint Ventures and Partnerships",
  "2.14 Contractual Liability"
]
[
  "1. Automatic reinstatement",
  "2. Breach of contract",
  "3. Consequential costs and court attendance costs (NZD250,000 any one Claim and in the aggregate)",
  "4. Consultants, subcontractors and agents",
  "5. Continuous cover",
  "6. Costs of representation at registration board proceedings (NZD500,000 any one Claim and in the aggregate; Excess NZD1,000)",
  "7. Defamation (unintentional)",
  "8. Fair Trading Act 1986 (sections 9 to 14)",
  "9. Fidelity (insured's own) – NZD1,000,000 aggregate",
  "10. Fraud and dishonesty of employees",
  "11. Intellectual property (unintentional infringement of copyright, trademark, registered design or patent, plagiarism or breach of confidentiality)",
  "12. Internet liability (NZD250,000 any one Claim and in the aggregate)",
  "13. Irrecoverable fees and disbursements (NZD150,000 any one Claim and in the aggregate)",
  "14. Joint venture liability",
  "15. Loss of documents (Excess NZD1,000)",
  "16. Previous business",
  "17. Public relations expenses (NZD50,000 in the aggregate)"
]
fair trading act handling The Underwriters will indemnify the Insured for the Damages and Defence Costs resulting from any Claim made against the Insured under the terms of the Fair Trading Act 1986 (sections 9 to 14) or any similar fair trading legislation enacted by the Dominion of New Zealand or the States or Territories of the Commonwealth of Australia. QBE will indemnify the Insured for any Valid Claim for compensation made against the Insured alleging a breach of sections 9 to 14 of the Fair Trading Act 1986 (or any similar fair trading legislation that may apply in the States, Territories or Countries of the jurisdiction specified in the Schedule).
investigation costs covered The Underwriters will indemnify the Insured in relation to any complaint or investigation against the Insured by a professional or statutory body which has jurisdiction to investigate and adjudicate in such a situation, provided that any such investigation or complaint has been notified to the Underwriters during the Policy Period, for: a. all orders or determinations of compensation against the Insured; and b. any Defence Costs incurred by or on behalf of the Insured. This coverage is subject to a Sublimit of Liability as specified in Item 5 of the Schedule. In addition to the applicable Sublimit of Liability, Defence Costs are payable under this Automatic Extension 2.7 in an amount up to $100,000 NZD. Automatic Extension 6 (Costs of representation at registration board proceedings): If any complaint (which may form the basis of a Valid Claim) is lodged against the Insured with a statutory registration board or similar regulatory authority, QBE shall pay Costs and Expenses incurred in respect of the investigation and defence of the Insured at such proceedings. Maximum NZD500,000 any one Claim and in the aggregate, subject to Excess of NZD1,000.
contractual liability extension Notwithstanding Exclusion 4.5, the Underwriters will indemnify the Insured for the Damages and Defence Costs resulting from any Claim for any contractual liability or obligation arising from the following warranties or guarantees made by the Insured: a. that the Insured will use reasonable care and skill in the performance of Professional Business Services; b. that the Professional Business Services will not infringe upon any Intellectual Property Rights; or c. that the Professional Business Services will substantially conform to all material, written specifications. Automatic Extension 2 (Breach of contract): QBE will indemnify the Insured for any Valid Claim for the actual or alleged breach of a contract for the provision of professional services. However, Exclusion 15.2 excludes liability incurred by agreement where liability would not otherwise have existed in the absence of the agreement, except that this exclusion will not apply to an agreement to provide professional services to a client or customer, except to the extent that the Insured has agreed to accept a liability regardless of fault.
occurrence basis vs claims made claims_made claims_made
products liability specific exclusions
[
  "arising out of, based upon or attributable to any Insured, or any party for whom the Insured is responsible, having supplied, manufactured, constructed, altered, repaired, treated, sold, recalled, fabricated, distributed, installed or maintained any goods or products"
]
Not on file
efficacy exclusion Not on file Exclusion 24: QBE will not be liable in respect of any Claim or Loss alleging or arising from the sale, supply, installation, efficacy, or manufacture of goods by or on behalf of the Insured.
privacy act handling Not on file Covered under Automatic Extension 12 (Internet liability): unintentional breach of confidentiality or infringement of any right to privacy, including any alleged breach of the terms of the Privacy Act 2020, committed or alleged to have been committed by the Insured in the provision of its website, use of the Internet, electronic mail or any electronic network. Maximum NZD250,000 any one Claim and in the aggregate.
fines insurable acts list Not on file
[]
consumer guarantees act handling Not on file Not addressed in the wording.