Exposures Are Plenty when Ship Runs Aground
March 2002

Abstract: On the evening of 6 February 2002, huge swells surged into Poverty Bay, causing bulk log carrier Jody F Millennium to break free from her moorings. The 5m swells were the biggest to hit the Gisborne area in a decade.

Manage the Risks – Then Relax Over the Holidays
November 2001

Abstract: It is the end of a challenging year, and you are enjoying a well deserved break over the Christmas period. Perhaps you are out fishing or relaxing at the family batch. Then the phone rings, breaking the peace and bringing bad news. The site you are completing your latest project on has been trashed and deliberately set fire to.

Increase in Extreme Weather Increases Damage and Delays
May 2001

Abstract: During the past year New Zealand has been exposed to many extreme weather events. These extreme weather events have caused significant damage not only to existing structures but to projects in the course of construction. Damage ranges from roofs being dislodged to concrete being damaged prior to full curing.

Standard Project Specific Insurance Not Enough
October 2000

Abstract: A recent decision by the Queensland Court of Appeal has highlighted the need for developers, builders and sub contractors to have an annual general liability policy rather than just a project specific liability policy.

Bad Form Not Limited to Cricket
April 2000

Abstract: On a construction job heavy rain causes subsidence in the ground, and freshly laid concrete to slump. Problems in construction aren't always foreseeable or immediately detectable. But early detection and action can however save a lot of time and money. In this instance, technical advice from an engineer was needed to immediately save the formwork, repair the site, and to maintain the momentum of the project.

And the Wall Comes a Tumblin' Down
April 2000

Abstract: Towards the end of a project a wall on a construction site is toppled by wind gusts causing costly delays and repair. Every construction site is vulnerable to many dangers, including storms. Ugly weather can disrupt schedules and inflict damage in a few moments. It's vital that builders have the right cover in place from day one, come rain or shine.

The Dangers of Signwriting
March 2000

Abstract: A former supermarket sign and ticket writer is considering taking legal action against her former employer for neglecting to stop her forming an addiction to solvents. The case demonstrates that gradual process exposures aren't immediately detectable and highlights that it is vital employers have adequate liability cover.

Huge OOS Exposure Looms in the Workplace
March 2000

Abstract: An exemplary damages award in 1998 has, at least, cracked open the flood gates for staff seeking damages from their employers due to Occupational Overuse Syndrome.

Trench Collapse Costs Construction Man
March 2000

Abstract: A project manager in Dunedin was fined after an employee was injured in a trench mishap that also caught him in the same landslide. Unfortunately deaths in the construction industry are not rare and the prosecuting bodies are increasingly taking a hard line view when prosecuting.

Weird Accident Costs Manufacturer $57,000
March 2000

Abstract: A "burst-proof" container that "wasn't" cost a Penrose resin manufacturer tens of thousands of dollars in fines, legal and cleanup costs. Freak accidents occur and when they affect the environment, "Clean, Green" New Zealand Councils react quickly and with force, aided by the Resource Management Act 1991. This incident also has public liability ramifications and highlights the need to have a complete liability programme.

Fatal Face Peel Leads to $12,500 Fine
March 2000

Abstract: The company that imported and advertised a face-peeling product was fined a total of $12,500 for five charges of selling and advertising medicine that had not been approved. The importer, principal shareholder and doctor were all charged, demonstrating how numerous parties can be dragged into a single action.

Killer Playgrounds?
March 2000

Abstract: A North Shore City Council report reveals that one third of the playground equipment in the North Shore do not comply with their safety standards. If a child were injured whilst playing on the equipment that the Council knew was unsafe, the Council would be exposed to potentially huge exemplary damages. Businesses who knew of faulty equipment that someone was injured on would also find themselves exposed to exemplary damages.

Dust Blown' in the Wind Costs $28,500
March 2000

Abstract: A property developer and earthworks contractor face fines of $28,500 following last October's dust storms at a Papamoa sub division after breaching dust control rules. The case shows how an insured party can find itself defending actions on several fronts - in this case public and statutory liability.

Huge Implications in Mental Trauma Settlement
March 2000

Abstract: The Danes Shotover Rafts Ltd v Palmer Case. An American man wins a significant mental trauma settlement after his witnessing the drowning of his wife in the Shotover River. The settlement demonstrates that there may be implications for all businesses as anyone who sees a tragedy may have grounds to sue. There are no judicial guidelines as to how much New Zealand courts will award a plaintiff suffering nervous shock.

New Exposure to Exemplary Damages for Personal Injury
January 1999

Abstract: If you cause a personal, injury the injured person may be able to claim against you for exemplary damages. If you have been dealt with under criminal law, the law no longer prevents the victim from suing you for exemplary damages, irrespective of whether or not the police have charged the offender, the court has heard the case or convicted (or acquitted) the defendant. QBE Public Liability and Employers' Liability policies include cover for exemplary damages.

Right to Sue for Mental Injury Revived
March 1999

Abstract: In a landmark case, Danes Shotover Rafts v Palmer, the Court of Appeal has ruled that the ACC laws do not bar a person who has suffered mental injury only from suing for compensation. QBE specifically introduces its Employers' Liability Policy to respond to such situations.