The Application of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) to Claims-Made Insurance Policies: An Analysis of Recent Developments

Abstract

Following the litigation over the collapsed Bridgecorp Group in New Zealand since 2011, the application of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) and s 9 of the Law Reform Act 1936 (NZ) to claims-made policies has been the focus of considerable interest. Through a review of recent case law, this article examines how the courts in Australia and New Zealand have grappled with the application of these arguably antiquated provisions to the complexities of modern professional indemnity and directors and officers insurance policies.