All cover · Association liability
QBE vs aig — 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).
QBE
QBE Insurance (Australia) Limited (NZ branch)
Wording on file: QBE Combined Association Liability
Effective: 2015-12-14
Tier D (blocked) FCIB panel
aig
—
Not on file — request latest wording from aig via FCIB.
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 | QBE | aig |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| modules included | Not on file | Not on file |
| volunteer definition | 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. | Not on file |
| member vs member exclusion | 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. | Not on file |
| employment practices extension | 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. | Not on file |
| defence costs in or outside limit | mixed | Not on file |
| key exclusions | [ "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" ] | Not on file |
| territory | 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. | Not on file |
| jurisdiction | 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. | Not on file |
| aggregation basis | 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. | Not on file |
| efficacy exclusion | 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. | Not on file |
| claims made trigger | 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. | Not on file |
| automatic extensions | [ "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" ] | Not on file |
| privacy act handling | 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. | Not on file |
| recall cost handling | 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. | Not on file |
| run off availability | 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. | Not on file |
| fair trading act handling | 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. | Not on file |
| retroactive date handling | 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). | Not on file |
| products liability bundled | 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. | Not on file |
| investigation costs covered | 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. | Not on file |
| aggregate or separate limits | 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. | Not on file |
| insured vs insured exclusion | 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). | Not on file |
| dishonesty exclusion carve out | 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. | Not on file |
| contractual liability extension | 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). | Not on file |
| occurrence basis vs claims made | mixed | Not on file |
| products liability specific exclusions | [ "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" ] | Not on file |