All cover · Association liability

zurich 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).

zurich

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

Dual New Zealand

Dual New Zealand Limited

Wording on file: Dual Association Liability
Effective: 2018-08-01
Tier D (blocked) FCIB panel

Source PDF →

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 zurich 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 Not on file 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 Not on file 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 Not on file 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 Not on file outside_limit
key exclusions Not on file
[
  "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 Not on file 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.
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.
aggregation basis Not on file 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.
claims made trigger Not on file any claim first: a. made against such insured person, and b. reported to us during the insurance period
automatic extensions Not on file
[
  "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"
]
run off availability Not on file 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.
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.
fair trading act handling Not on file 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 Not on file 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 Not on file 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 Not on file 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 Not on file 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 Not on file 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 Not on file 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 Not on file 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 Not on file claims_made