Service

Insurance

Summary

Anthony Harper has significant expertise in the insurance sector, gained over many years acting for some of New Zealand’s largest insurers on both advisory and disputes work, as well as supporting licensed FAPs, brokers, intermediaries and other financial services businesses in their dealings with insurers, and policyholders with complex claims and coverage disputes.

We support our insurer clients with the full range of legal issues they face across their businesses. Our deep sector expertise and knowledge of market practice allow us to provide advice in the wider commercial context.

Key services

Regulatory and advisory

Supporting insurers on regulatory and licensing matters, governance issues, new product development, policy drafting and interpretation, distribution activities, marketing initiatives, complaints and claims matters, and with transactions (including regulatory approvals). We also regularly support insurers with large-scale projects, including the implementation of the Contracts of Insurance Act 2024 and, previously, CoFI and broader conduct and culture projects.

Disputes and claims

We act for insurers and policyholders in disputes concerning insurance claims, including through litigation, arbitration, mediation and negotiation. We handle matters involving coverage, liability, subrogation, recovery and indemnity across various sectors and types of insurance.

Key people

Work Highlights

Our representative regulatory and advisory work includes advising:

an insurer on the development and offering of a new product range, including support with policy drafting and putting new distribution channels in place;
several insurers on implementation of the Contracts of Insurance Act 2024;
multiple insurers on conduct and financial advice licensing projects;
a major insurer in self-reporting a longstanding system discounting issue to the FMA, and subsequent regulatory engagement;
a licensed deposit taker on the sale of its licensed insurer subsidiary, replacement insurance distribution arrangements, and associated regulatory engagement;
the Australian parent of a New Zealand insurer in engagement with the insurer’s board on solvency and governance issues, and on potential transactions;
a Big Four bank on the development of a partnership agreement with a general insurer;
an insurer on an FMA review into its incentive arrangements;
insurers on their obligations to customers in the context of contract and policy disputes;
a significant financial services business on its response to a major data breach; and
insurers on sanctions compliance frameworks.

Our representative disputes and claims experience includes acting for:

a major insurer in commercial and health and safety litigation relating to Whakaari/White Island;
the liquidators of CBL Insurance Limited (in Liquidation) in bringing a civil claim against the directors of CBLI seeking recovery of approximately NZD$320 million, including discovery issues involving approximately seven million documents;
homeowners and businesses on a broad range of insurance claims, including claims involving defective earthquake repair work; and
a significant financial services business on claims relating to an employee fraud.

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