All cover · Professional indemnity

Delta Insurance vs Vero — 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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Vero

Vero Insurance New Zealand Limited

Wording on file: Vero Legal Edge
Effective: 2022-08-01
Tier D (blocked) Off-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 Vero
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 Hung Claim made against the Insured and reported to the Company during the Period of Insurance; or any Insured Claim made against the Insured and reported to the Company during the Period of Insurance where indemnity granted under the Underlying Policy has resulted in its exhaustion or partial exhaustion.
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 Personal Injury has taken place on or after the Retroactive Date. Exclusion 12 – Retroactive Date: for any Personal Injury which has taken place or allegedly taken place prior to the Retroactive Date stated in the Schedule.
run off availability Not on file If the Company terminates or refuses to renew this policy, the Insured is entitled to an extension of the cover granted under this policy for a further period of twelve (12) months immediately following such termination or non-renewal of this policy, but only in respect of any Personal Injury taking place both before the effective date of termination or non-renewal and after the Retroactive Date. If this right is exercised, this further period shall be part of the last Period of Insurance and not an additional period.
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. Not on file
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. The Insurance afforded by this Policy shall apply: (a) with respect to the premises and operations of the Insured within the Territory stated in the Schedule; (b) with respect to the Products Hazard and Products Recall within the Products Territory stated in the Products Schedule; (c) with respect to incidental travel anywhere in the world.
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. This Policy shall be governed by the laws of New Zealand whose courts shall have exclusive jurisdiction. / This policy shall be governed by the law of New Zealand, the Courts of which shall have exclusive jurisdiction over any dispute.
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. all Personal Injury and Property Damage arising out of continued or repeated exposure to substantially the same conditions shall be considered as arising out of one Occurrence. The total aggregate liability of the Company under Insuring Clause 1 during any one Period of Insurance for all claims arising out of the Completed Operations Hazard and/or Products Hazard as defined shall not exceed the Limit of Indemnity stated in the Schedule.
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"
]
[
  "Accident Compensation Act claims (Section 1 Exclusion 1, Section 2 Exclusion 1)",
  "Aircraft, Watercraft (exceeding 10m) and registered Motor Vehicles (Section 1 Exclusion 2)",
  "Asbestos in whatever form or quantity (Section 1 Exclusion 3, Section 2 Exclusion 2)",
  "Care, Custody or Control – Property Damage (Section 1 Exclusion 4)",
  "Defamation published at Insured's direction knowing its falsity (Section 1 Exclusion 5)",
  "Employees Personal Injury – arising out of or in the course of employment (Section 1 Exclusion 6)",
  "Fines, penalties, performance warranty or liquidated damages (Section 1 Exclusion 7)",
  "Insured's Products – Property Damage to own products (Section 1 Exclusion 8)",
  "'Leaky Buildings' – Moisture or Water Penetration, Building Defects (Section 1 Exclusion 9, Section 2 Exclusion 7)",
  "Loss of Use of tangible property not physically injured or destroyed (Section 1 Exclusion 10)",
  "Pollution – unless sudden and accidental at a specific time and place (Section 1 Exclusion 11)",
  "Products Contractual Liability – liability assumed under unapproved agreements (Section 1 Exclusion 12)",
  "Product Recall (Section 1 Exclusion 13 – subject to Memorandum 9 carve-back)",
  "Professional Liability – breach of duty in professional capacity (Section 1 Exclusion 14)",
  "Radioactivity and nuclear contamination (Section 1 Exclusion 15, Section 2 Exclusion 11)",
  "War and Terrorism (Section 1 Exclusion 16, Section 2 Exclusion 13)",
  "Welding/Gas Cutting/Burning Off/Use of Explosives (Section 1 Exclusion 17 – subject to Memorandum 23 carve-back)",
  "Employment Tribunal / Employment Court claims and personal grievance (Section 2 Exclusion 3)",
  "Fines and penalties (Section 2 Exclusion 4 – does not apply to punitive or exemplary damages)",
  "Health & Safety Act – Personal Injury resulting from breach (Section 2 Exclusion 5 – subject to Extension 1 carve-back)",
  "Known Circumstances at commencement of Period of Insurance (Section 2 Exclusion 6)",
  "Judgments entered outside New Zealand courts (Section 2 Exclusion 8)",
  "Prior Claims not notified to Company before commencement of Period of Insurance (Section 2 Exclusion 9)",
  "Prior Litigation in existence at commencement of Period of Insurance (Section 2 Exclusion 10)",
  "Personal Injury prior to Retroactive Date (Section 2 Exclusion 12)",
  "Deliberate failure to comply with Health and Safety in Employment Act 1992 or Health and Safety at Work Act 2015 (Section 2 Extension 1 proviso)"
]
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"
]
[
  "Advertising Liability (Memorandum 1)",
  "Contractors or Sub-contractors – 'labour only' (Memorandum 2)",
  "Defective Workmanship (Memorandum 3)",
  "Fire Protection Costs (Memorandum 4)",
  "Goods on Hook (Memorandum 5)",
  "Hazardous Substances Emergency (Memorandum 6)",
  "Innkeeper's Liability under the Innkeepers Act 1962 (Memorandum 7)",
  "Keys and Locks (Memorandum 8)",
  "Product Recall – 90% of costs above Excess (Memorandum 9)",
  "Property in Care, Custody or Control (Memorandum 10)",
  "Property Owner's Liability (Memorandum 11)",
  "Punitive or Exemplary Damages – New Zealand courts only (Memorandum 12)",
  "Service and Repair – Vehicles and watercraft not exceeding 10m (Memorandum 13)",
  "Tenant's Liability (Memorandum 14)",
  "Trade Advice or Services – rendered without charge (Memorandum 15)",
  "Underground Services (Memorandum 16)",
  "Unmanned Aerial Vehicles up to 15kg gross take-off weight (Memorandum 17)",
  "USA/Canada Coverage – Products only where Products Territory is Worldwide (Memorandum 18)",
  "USA/Canada Visits – non-resident Insured temporarily visiting (Memorandum 19)",
  "Vehicles – Loading & Unloading, Tool of Trade Functions, Vehicles in Car Parks, Weight/Vibration Damage (Memorandum 20)",
  "Vehicle Inspection Certification (Memorandum 21)",
  "Vibration or Removal of Support (Memorandum 22)",
  "Welding/Gas Cutting/Burning Off/Use of Explosives – subject to reasonable care (Memorandum 23)",
  "Goods and Services Tax – Section 5(13) GST Act 1985 (Section 1 Condition 8)",
  "Health and Safety at Work Act 2015 extension – if stated as INCLUDED in the Schedule (Section 2 Extension 1)",
  "Goods and Services Tax – payable in addition to Limit of Indemnity (Section 2 Extension 2)",
  "Newly Created or Acquired Subsidiary Company (Section 2 Extension 3)",
  "Subsidiary Company Change of Ownership (Section 2 Extension 4)",
  "Extended Reporting Period – 12 months on termination or non-renewal (Section 2)"
]
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. Not on file
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. pay all defence costs and investigations or negotiations incurred by the Company or by the Insured with the prior written consent of the Company provided that the Limit of Indemnity under the Policy or any Sub-Limit has not previously been exhausted.
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. For Products Hazard only, Exclusion 12 excludes liability assumed by the Insured under any agreement, other than written contracts approved by the Company. But this exclusion does not apply to a warranty of fitness or quality of the Insured's Product, or a warranty that work performed by or on behalf of the Insured will be done in a workmanlike manner. Public Liability: Insured definition extended to include any person, principal, organisation, trustee or estate to which the Insured is obliged by virtue of a written contract to provide insurance as is afforded by this Policy.
occurrence basis vs claims made claims_made mixed
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"
]
[
  "Property Damage to the Insured's Products arising out of such products or any part of such products (Exclusion 8 – Insured's Products)",
  "Compensation claimed for the withdrawal, inspection, repair, replacement or loss of use of the Insured's Products, or work completed by or for the Insured, of any property of which such products or work form a part, if such products, work or property are recalled or withdrawn from the market or from use because of any known or suspected defect or deficiency (Exclusion 13 – Product Recall)",
  "For Products Hazard only, liability assumed by the Insured under any agreement, other than written contracts approved by the Company (Exclusion 12 – Products Contractual Liability)",
  "any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses, including defence costs and expenses, directly or indirectly arising out of, resulting from or in consequence of, asbestos in whatever form or quantity (Exclusion 3 – Asbestos)",
  "Personal Injury or Property Damage arising out of discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants into or upon land, the atmosphere or any water course or body of water, unless such discharge, dispersal, release or escape is sudden and accidental (Exclusion 11 – Pollution)",
  "In respect of USA/Canada: punitive and/or exemplary damages; contamination or pollution; operation by the Insured or any agents within the USA and/or Canada of any premises or plant for the manufacturing, processing, mining, distribution and/or storage of the Insured's Products (Memorandum 18 – USA/Canada Coverage)"
]
hswa handling Not on file If this extension is stated as INCLUDED in the Schedule, then this policy extends to cover the Insured and any Officer against Defence Costs and Penalties arising out of any Personal Injury which is connected with the business or affairs of the Insured and which is notified to the Company during the Period of Insurance stated in the Schedule or within 30 days after its expiry, or if exercised, during the Extended Reporting Period, provided that the Personal Injury was suffered on or after the Retroactive Date. Exclusion 4 – Fines Penalties etc and Exclusion 5 – Health & Safety Act, do not apply to this extension. Provided that this extension shall not cover the Insured nor any Officer: (a) for any deliberate failure to comply with the Health and Safety in Employment Act 1992 or the Health and Safety of Work Act 2015; (b) if the Insured or any Officer has a Statutory Liability Defence and Penalties Insurance Policy with the Company or any other Insurer for the same Personal Injury.
acc interaction Not on file Exclusion 1 – Accident Compensation: claims for payment under any Accident Compensation Act, Workers or Workmen's Compensation legislation in any country by any person in the service of any contractor or sub-contractor to the Insured or any other dependent of such person. / for any costs or compensation for which cover to any extent is provided by the Accident Compensation Act 2001 or any other Workers Compensation legislation.
recall cost handling Not on file Notwithstanding Exclusion 13 – Product Recall, the Company will indemnify the Insured for an amount not exceeding 90% of costs and expenses above the Excess reasonably incurred with the Company's consent in the recall or withdrawal from sale or use of any of the Insured's Products happening during the Period of Insurance within the Policy Territory. Provided that the Insured's Products: (a) are defective or alleged to be defective; and (b) may cause Personal Injury or Property Damage which may result in a valid claim under the Policy and it is reasonably foreseeable that such Personal Injury or Property Damage is/are likely to arise if no such recall or withdrawal is undertaken.
gradual process handling Not on file For the purposes of this insurance, disease shall be sustained when the employee is first exposed to conditions in New Zealand out of which the disease the subject of the claim arose.
reparation orders covered Not on file Penalties means any: (a) court costs, (b) reparation order, (c) prosecution witness costs and expenses, (d) prosecution solicitors' costs, (e) regulators' costs awarded under Section 152 of the Health and Safety at Work Act 2015, imposed by the Court on the Insured upon conviction for an offence under the Health and Safety in Employment Act 1992 or the Health & Safety at Work Act 2015, and does not include any fine or infringement fee.
products liability bundled Not on file Section 1 covers Products Hazard: Personal Injury or Property Damage arising out of the Insured's Products, or reliance upon a representation or warranty made at any time with respect to such Products, but only if the Personal Injury or Property Damage occurs away from premises owned or leased or rented to the Insured and after physical possession of such products has been relinquished to others.