ACC Interaction with NZ Liability Cover

Employers Liability covers Personal Injury 'for which the Employee is not covered under the Injury Prevention, Rehabilitation, and Compensation Act 2001.' General Liability excludes 'Any obligation for which the Insured may be held liable under the Injury Prevention, Rehabilitation, and Compensation Act 2001, or any similar amending or replacement legislation.' Punitive or Exemplary Damages extension covers damages 'for Personal Injury (for which coverage is determined to exist under the Injury Prevention, Rehabilitation, and Compensation Act 2001 or any amending or replacing legislation).'

Employers Liability covers Personal Injury defined as 'bodily injury, sickness, disease or infection, including death resulting therefrom, and shall include disability, shock, fright, mental anguish or mental injury if arising therefrom' arising out of and in the course of employment, subject to claims-made trigger and retroactive date.

Part 5 Consequential Loss: a Covered Event includes a Claim during the Policy Period in respect of which the Underwriters have accepted indemnity under the Employers Liability coverage section of this policy, which results in interruption or interference of the Insured's Business.

Cover A applies where Personal Injury was not a Personal Injury for which coverage is determined to exist under the Accident Compensation Act 2001 or any preceding, amending or replacement legislation. Cover B applies where Personal Injury was a Personal Injury for which coverage is determined to exist under the Accident Compensation Act 2001 or any preceding, amending or replacement legislation, covering Punitive or Exemplary Damages only. Cover A excludes any Personal Injury for which cover to any extent is provided by the Accident Compensation Act 2001, or would be so provided if the Insured were not an exempt employer, or would have been so provided had a claim been lodged under such legislation.

Excluded: any personal injury for which cover to any extent is provided by the Accident Compensation Act 2001 or would have been, had a claim been made. Defence costs include the costs of applying to a Court to determine whether an employee's personal injury is properly covered by the Accident Compensation Act 2001 or any amendment to or re-enactment of that Act.

For the purposes of this policy, disease shall be sustained when the employee is first exposed to conditions in New Zealand out of which the disease is subject of the claim.

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.

Broadform liability exclusion 5 excludes personal injury where the personal injury falls within the scope of cover provided by the Accident Compensation Act 2001 (or any replacement Act) and any subsequent amendments or any liability imposed by the provisions of any workers compensation legislation or any accident compensation legislation or any industrial award or agreement or determination, or would fall within the scope of cover but for a failure by the victim to correctly notify a claim to the Accident Compensation Corporation or the decision of any authority to decline a claim. Employers liability exclusion 1 excludes compensation for personal injury in respect of which the claimant is entitled to compensation to any extent under the Accident Compensation Act 2001, or would be so entitled had a claim been lodged under such Acts, or if you were not an exempt employer under such Acts.

Employers Liability: personal injury must have occurred on or after the retroactive date; claims made basis applies. Broadform: exclusion 3 (Building defects and mould) excludes the action or effects of micro-organisms, mould, fungi, mildew, rot, decay, gradual deterioration, bacteria, protozoa or any similar or like forms. Pollutants exclusion requires an identifiable and sudden accidental and unexpected release.

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.

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.