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All cover · Public liability

qbe vs Dual New Zealand — Public liability

Public liability (sometimes "broadform" or "general liability") covers third-party bodily injury and property damage arising from your business activities. NZ commercial wordings vary materially on the products-liability bundle, the "occurrence" definition, contractual-liability extensions and the territorial limit.

qbe

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Not on file — request latest wording from qbe via FCIB.

Dual New Zealand

Dual New Zealand Limited

Wording on file: Dual General Liability
Effective: 2018-02-01
Tier D (blocked) FCIB panel

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Side-by-side fact comparison

Each row is a fact-key from the Public 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
occurrence basis vs claims made Not on file occurrence
products liability bundled Not on file Products liability is included within the main Insuring Clause 1.1, covering personal injury or property damage caused by an occurrence in connection with the business, including the insured's products as defined in Definition 5.14.
territory Not on file worldwide, unless otherwise stated in the schedule, and subject to Exclusions 3.13 (North American Countries) and 3.14 (North American Exports), and the limitations to New Zealand only in Automatic Coverage Clauses 2.11 (Product Withdrawal Costs), 2.13 (Punitive or Exemplary Damages), 2.15 (Underground Services), 2.16 (Vehicle and Watercraft Service / Repair Liability) and 2.17 (Vibration and Removal of Support).
jurisdiction Not on file Not on file
contractual liability extension Not on file Liability assumed by the insured under any contract or agreement except to the extent that the insured would have been legally liable even if there had been no contract in existence. But this Exclusion shall not apply to liability pursuant to any: (a) lease or hire of real or personal property; (b) representation or warranty of fitness or quality in respect of the insured's products, or a representation or warranty that work performed by or on behalf of the insured will be done in a workmanlike manner; (c) contracts or agreements specified in the schedule.
key exclusions Not on file 
[
  "3.1 Aircraft and Watercraft — ownership, possession, control, operation, use, service or repair of aircraft/hovercraft or watercraft exceeding 10 metres",
  "3.2 Aircraft Products — insured's products incorporated into aircraft or aerial device",
  "3.3 Building Defects — failure to meet NZ Building Code re leaks, water penetration, weatherproofing, moisture; mould, fungi, mildew, rot, decay",
  "3.4 Contractual Liability — liability assumed under contract beyond what would exist without the contract (subject to exceptions)",
  "3.5 Defamation — statements made at insured's direction knowing of defamatory nature in advertising/broadcasting/telecasting",
  "3.6 Defective Materials, Design & Workmanship — including costs of rectifying, repairing, replacing or correcting defective materials, design, workmanship (resultant damage to other property covered)",
  "3.7 E-Commerce — personal injury or property damage from Internet Operations; property damage to computer data or programs",
  "3.8 Failure to Insure — breach of obligation to insure property",
  "3.9 Fines, Penalties and Refund of Fees — taxes, fines, penalties, punitive/exemplary/liquidated damages, repayment of professional fees",
  "3.10 Hot Work — liability from hot work (subject to 2.4 carve-back)",
  "3.11 Insured's Products — property damage to insured's own products attributable to defect or harmful nature",
  "3.12 Loss of Use — loss of use of undamaged property from delay in performance or failure of products to meet warranted performance",
  "3.13 North American Countries — personal injury or property damage in or instituted in North American countries",
  "3.14 North American Exports — liability from products knowingly exported to North American countries",
  "3.15 Offshore Gas or Oil Platforms — work on or about offshore gas or oil platforms",
  "3.16 Personal Injury to Employees — personal injury to employees, labour hire, contractors, sub-contractors; obligations under accident or workers compensation legislation",
  "3.17 Pollution — discharge, dispersal, release, seepage or escape of pollutants (sudden, identifiable, unexpected and unintended escape excepted; methamphetamine and Misuse of Drugs Act substances not covered in any case)",
  "3.18 Professional Liability — error or omission in professional advice or service",
  "3.19 Property Owned — property damage to property owned by or in care, custody or control of insured",
  "3.20 Vehicles — personal injury or property damage from ownership, possession, repair, operation, control, maintenance or use of registered/licensed vehicles (with limited carve-backs)",
  "3.21 Withdrawal or Repair of Products — recall, repair, withdrawal, inspection, removal, replacement or loss of use of insured's products"
]
automatic extensions Not on file 
[
  "2.1 Business Advice or Service — personal injury or property damage from advice or services rendered without charge, or professional medical advice by employed medical persons",
  "2.2 Defective Workmanship to Property Being Worked On — defective workmanship in New Zealand to property being worked on (not hired/leased/rented)",
  "2.3 Goods On Hook — damage to property being lifted/lowered/moved/carried by crane",
  "2.4 Hot Work — personal injury or property damage from hot work provided applicable NZ Standard is complied with",
  "2.5 Innkeepers Liability — property damage under the Innkeepers Act 1962",
  "2.6 Landlord's Liability — personal injury or property damage from legal ownership (not physical occupation) of premises",
  "2.7 Lost or Stolen Keys — costs of altering or replacing locks and keys",
  "2.8 Mechanical Plant — personal injury or property damage from loading/unloading vehicles, mechanical plant operation, car-park operation, and weight/vibration damage to roads/bridges",
  "2.9 Machinery Service / Repair Liability — personal injury or property damage from service or repair of machinery in New Zealand",
  "2.10 Panel Counsel — one hour free advice from panel solicitor",
  "2.11 Product Withdrawal Costs — up to 80% of withdrawal/recall costs in New Zealand",
  "2.12 Property in Care Custody or Control — property damage to property in care custody or control of insured",
  "2.13 Punitive or Exemplary Damages — punitive or exemplary damages for personal injury in New Zealand (excluding trespass, assault, battery, false imprisonment, malicious prosecution, sexual harassment or sexual abuse)",
  "2.14 Tenant's Liability — property damage to leased or rented premises including landlord's fixtures and fittings",
  "2.15 Underground Services — personal injury or property damage from damage to underground services in New Zealand",
  "2.16 Vehicle and Watercraft Service / Repair Liability — personal injury or property damage from service, repair or storage of vehicles/watercraft in New Zealand",
  "2.17 Vibration and Removal of Support — personal injury or property damage from vibration or removing support of land or buildings in New Zealand",
  "2.18 Visits to Countries Outside the Policy Territory — personal injury or property damage from temporary visits by non-resident directors, executives and salespersons",
  "2.19 Warrant of Fitness — claims by licensed vehicle certifiers employed by the insured"
]
excess default Not on file The amount shown in the schedule, or in any applicable Automatic Coverage Clause, as the deductible, shall be borne by the insured in respect of each and every claim, or series of claims arising out of one occurrence.
aggregation basis Not on file Our maximum liability in respect of any claim, or any series of claims, arising out of one occurrence, or in the aggregate during the insurance period in respect of an occurrence involving the insured's products, shall not exceed the indemnity limit stated in the schedule, or the sub-limit in any applicable Automatic Coverage Clause. All personal injury or property damage in respect of continuous or repeated exposure to substantially the same general conditions shall be construed as arising out of one occurrence.
efficacy exclusion Not on file Property damage to the insured's products if such damage is attributable to any defect therein or the harmful nature or unsuitability thereof (Exclusion 3.11). Also: 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 (Exclusion 3.12).
recall cost handling Not on file Notwithstanding Exclusion 3.21 (Withdrawal or Repair of Products), we agree to pay to or on behalf of the insured up to 80% of those costs reasonably incurred by the insured 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 in respect of which the insured is entitled to indemnity under Insuring Clause 1.1.
gradual process handling Not on file Personal injury arising directly or indirectly out of or in the course of employment with or service to the insured, including labour hire staff, contactors, sub-contractors or employees of such contractors or sub-contractors while performing work for or on behalf of the insured, whether or not a contract of employment or for service exists — is excluded under Exclusion 3.16 (Personal Injury to Employees). No specific gradual process carve-out for employers liability is stated.
defence costs in or outside limit Not on file outside_limit
products liability specific exclusions Not on file 
[
  "Property damage to the insured's products if such damage is attributable to any defect therein or the harmful nature or unsuitability thereof (Exclusion 3.11)",
  "Liability for the recall, repair, withdrawal, inspection, removal, altering, treating, modification, replacement or loss of use of the insured's products (Exclusion 3.21)",
  "Personal injury or property damage arising out of any of the insured's products which, with the insured's knowledge were, or were intended to be, incorporated into the structure, machinery or controls of any aircraft or aerial device (Exclusion 3.2)",
  "Liability arising from any of the insured's products knowingly exported by the insured to North American countries (Exclusion 3.14)",
  "Defective materials, design or workmanship including costs of rectifying, repairing or replacing defective materials (Exclusion 3.6)"
]