All cover · Association liability
QBE vs Dual New Zealand — 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
Dual New Zealand
Dual New Zealand Limited
Wording on file: Dual Association Liability
Effective: 2018-08-01
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 | QBE | Dual New Zealand |
|---|---|---|
| limit of indemnity options | Not on file | Not on file |
| modules included | Not on file | [ "1.1 Cover for You (Insured Persons – Side A)", "1.2(a) Professional Indemnity", "1.2(b) Crime", "1.2(c) Association Reimbursement", "1.2(d) Association Liability", "1.2(e) Employment Practices", "1.2(f) Trustee", "1.2(g) Taxation Investigation" ] |
| 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. | Volunteers are included within the definition of associated person as: 'student, secondee or volunteer pursuing studies, gaining work experience or performing the duties of an employee under the association's supervision' |
| 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. | Exclusion 3.9: Any claim brought by any shareholder owning, directly or indirectly, at least 15% of the voting share capital of the association or any of its subsidiaries or any associated association and/or by any shareholder that has or had any Board representation on the association or any of its subsidiaries or any associated association. |
| 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. | Insuring Clause 1.2(e): cover in respect of any claim first made against the association and reported to us during the insurance period for an employment practice breach. Sub-limit applies as specified in schedule, forming part of and not in addition to the indemnity limit. |
| defence costs in or outside limit | mixed | outside_limit |
| 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" ] | [ "3.1 Assumed Liability – liability assumed by warranty, guarantee, indemnity, contract or agreement unless liability would exist in absence thereof", "3.2 Bodily Injury / Property Damage – except mental anguish or emotional distress arising from employment practice breach", "3.3 Defamation, Breach of Privacy and Intellectual Property – libel, slander, invasion of privacy, breach of confidence, IP infringement (subject to carve-out under 2.7 and 2.18)", "3.4 Excluded Activities – finance/mortgage broking, legal advice, corporate advisory, stockbroking, financial planning, insurance, funds management, accounting/tax advice, medical advice, property valuation, construction cost estimates, construction/installation, property development warranty breach, contractor responsibilities, goods in care/custody/control, activities not part of insured's business", "3.5 Insolvency – claims connected with insolvency, liquidation, bankruptcy, receivership or administration", "3.6 Insured v Insured – claims brought by or on behalf of the association or outside entity (subject to carve-outs)", "3.7 Investment Performance – market manipulation, financial/investment advice, failure to warn of market risks", "3.8 Liability as Occupier, Motor, Marine – real estate occupation/ownership, aircraft, marine craft, motor vehicles", "3.9 Major Shareholder – claims by shareholders owning 15%+ voting share capital or with board representation", "3.10 Pollution – discharge, dispersal, release or escape of pollutants (defence costs available under 2.27)", "3.11 Product Liability – claims arising from manufacture, preparation, modification, repair, supply, maintenance or treatment of goods or products", "3.12 Prospectus Liability – claims connected with disclosure documents containing offers for issue, sale or transfer of securities", "3.13 Superannuation Liabilities – failure to pay into funds, or claims for benefits", "3.14 Territory – acts occurring outside countries specified in schedule", "3.15 Trading Debt – claims arising from trading debt, business liability or guarantees for debt", "3.16 Wilful Conduct – personal profit/advantage, insider trading, wilful violation of Act of Parliament (only if established by judgment, final adjudication or admission)", "3.17 Crime exclusions: consequential loss, credit risks, dual controls failure, fees/costs/expenses of establishing loss, fire (except 2.26), intellectual property, inventory computation losses, liabilities to third parties (fines/penalties), loss sustained after knowledge, non-violent crime, premises damage, prior/subsequent discovery of loss, reckless conduct, securities dealing/trading, voluntary exchange, theft/fraud by directors/officers with 5%+ shareholding", "3.18 Crime: direct financial loss first discovered prior to insurance period or after end of period/discovery period; loss connected with employee/third party within 30 days of director/officer knowledge; loss caused by employee where director/officer knew of prior dishonesty; loss connected with shareholders with 5%+ voting share capital", "3.19 Crime: dishonest acts committed outside Australia or New Zealand (or outside New Zealand if territory stated as New Zealand only)", "3.20 Association Liability exclusions: IP rights breaches; anti-trust/competition law; contractual liability (except employment practice breach where liability would exist absent contract); fines, penalties or non-monetary relief; paid/unpaid leave obligations under law or industrial instrument; workers' compensation, OHS, disability benefits, unemployment, retirement, social security obligations", "3.21 Taxation Investigation exclusions: delay/refusal to comply with IRD requests; non-audit IRD inquiries; offshore income audits; customs legislation; prior-period audit notice; fraudulent acts/misrepresentation; criminal prosecution penalties/fines; returns not prepared by accountant/registered tax agent; tax audit costs incurred after audit completion" ] |
| 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. | Any claim or liability arising from or directly or indirectly attributable to or in consequence of any act, error or omission that occurred outside the countries specified in the schedule. |
| 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. | All claims which arise out of or are attributable to or are in any way connected with a single wrongful act, employment practice breach, trustee breach or dishonest act shall constitute a single claim for the purposes of this policy. |
| 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. | any claim first: a. made against such insured person, and b. reported to us during the insurance period |
| 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" ] | [ "2.1 Automatic Reinstatement for Insured Persons", "2.2 Committees", "2.3 Continuous Cover", "2.4 Contractual Penalties", "2.5 Crime Investigation Fees", "2.6 Crisis Containment", "2.7 Defamation", "2.8 Discovery Period", "2.9 Disposal of Subsidiary", "2.10 Emergency Defence Costs", "2.11 Employee Plans", "2.12 Extortion", "2.13 Fair Trading Act", "2.14 Former Subsidiary Cover", "2.15 Heirs, Estates and Legal Representatives", "2.16 Insured v Insured Defence Costs", "2.17 Interest Receivable or Payable", "2.18 Internet Liability", "2.19 Loss of Data", "2.20 New Subsidiary", "2.21 Occupational Health and Safety", "2.22 Official Investigations and Inquiries", "2.23 Order of Payment", "2.24 Outside Directorship Cover", "2.25 Panel Counsel", "2.26 Physical Loss or Destruction of or Damage to Money or Securities", "2.27 Pollution Defence Costs", "2.28 Public Relations Cover", "2.29 Retirement Cover", "2.30 Software Reconstitution Costs" ] |
| 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. | Discovery periods available: (a) automatic 30-day free period; (b) 12-month period at 100% additional premium if requested within 15 days of policy end; (c) 84-month period on transaction terms. Retirement cover: any insured person who retired before policy expiry is automatically entitled to an 84-month discovery period at no additional premium if policy is not renewed or replaced and no discovery period is purchased. |
| 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. | We agree to pay to or on behalf of the insured all loss resulting from any claim for compensation made against the insured alleging breach of any of sections 9-14 of the Fair Trading Act 1986. |
| 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). | This policy shall only provide cover in respect of wrongful act, employment practice breach, trustee breach, tax audit notice or dishonest act arising from an act, error or omission of the insured committed or allegedly committed after the retroactive date. |
| 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. | Excluded. Exclusion 3.11: Any claim or liability arising from or in connection with the manufacture, preparation, modification, repair, supply, maintenance or treatment of any goods or products sold, supplied or distributed by the insured. |
| 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. | We agree to pay defence costs incurred with our prior written consent for any attendance by an insured person for examination at any official investigation, examination or inquiry in relation to the affairs of the association or any other examination of the insured person by virtue of his/her position as a director of the association where such investigation, examination or inquiry may lead to a recommendation in respect of civil liability or civil proceedings which would be a claim covered under this policy. |
| 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. | Sub-limits for Crime (1.2b), Association Liability (1.2d), Employment Practices (1.2e) and Taxation Investigation (1.2g) each form part of, and are not payable in addition to, the indemnity limit. Defence costs are payable in addition to the indemnity limit up to an amount not exceeding the same indemnity limit. Total liability for all claims shall not exceed the indemnity limit subject to Automatic Coverage Clause 2.1 Automatic Reinstatement for Insured Persons (up to twice the indemnity limit for subsequent unrelated insured person claims). |
| 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). | Exclusion 3.6: Any claim which is brought by or on behalf of the association or any outside entity, subject to carve-outs for: (a) contribution/indemnity claims directly resulting from another covered claim; (b) claims by court-appointed external administrators without insured person solicitation; (c) shareholder derivative actions without insured person solicitation; (d) regulatory authority claims without insured person solicitation. Defence costs payable for these carve-outs under Automatic Coverage Clause 2.16. |
| 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. | Exclusion 3.16 (Wilful Conduct) only applies if it is established through a judgment or any other final adjudication adverse to the insured, or any admission by an insured, that the relevant conduct did in fact occur. The conduct and knowledge of any insured shall not be imputed to any other insured. |
| 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). | Exclusion 3.1 excludes assumed liability unless the insured would have incurred the liability in the absence of such warranty, guarantee, indemnity, contract or agreement. Automatic Coverage Clause 2.4 (Contractual Penalties) pays any penalty for which the insured is liable under a written contract resulting directly from direct financial loss covered by this policy. |
| occurrence basis vs claims made | mixed | claims_made |
| 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 |
| crime module | Not on file | Insuring Clause 1.2(b): covers direct financial loss first discovered during the insurance period which results from a dishonest act of an associated person acting alone or in collusion with others, or of a third party committed with the intention of causing the association to sustain a direct financial loss. Sub-limit specified in schedule, forming part of and not in addition to the indemnity limit. |
| hswa handling | Not on file | Notwithstanding Exclusion 3.2 (Bodily Injury / Property Damage), we agree to pay defence costs in respect of any claim that is both first made against an insured and first reported to us during the insurance period where such claim arises from a breach or alleged breach of the Health and Safety at Work Act 2015 (or any amendment or re-enactment thereof), or any other New Zealand or Australian legislation governing workplace conditions and procedures. This Automatic Coverage Clause will not apply if the insured has cover under a Statutory Liability Policy. |
| tax investigation module | Not on file | Insuring Clause 1.2(g): where during the insurance period the association has both received a tax audit notice and reported it to us, we will provide cover to the association for necessary and reasonable tax audit costs incurred by the association up to the completion of the audit or investigation. Sub-limit specified in schedule, forming part of and not in addition to the indemnity limit. |