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Lloyd's Insurance Law Reporter

AUCKLAND TROTTING CLUB INC V LANE NEAVE AND OTHERS

[2022] NZHC 2208, High Court of New Zealand, Associate Judge Gardiner, 31 August 2022

Insurance (professional indemnity) – Exclusion for claims arising from insolvency – Failure by assured to secure guarantee and indemnity for client – Causation – Whether claim against assured arose from insolvency

ATC entered into a construction contract with Canam, N-Compass was project manager. It was the contractual duty of N-Compass to secure a guarantee and indemnity from Canam’s parent company as to Canam’s performance, but it failed to do so. Disputes arose and N-Compass left the project and ATC cancelled the contract.

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