Lawyers and Conveyancers Act 2006

Fidelity Funds

331: Regulatory society may enter into contracts of insurance

You could also call this:

"A group that manages lawyers can buy insurance to protect them and itself."

Illustration for Lawyers and Conveyancers Act 2006

You can think of a regulatory society like a group that helps manage lawyers and conveyancers. This group can choose to buy insurance to protect itself from having to pay claims. The insurance can cover all lawyers and firms or just specific ones. You might wonder how this insurance works. The society can buy insurance from any company in New Zealand that sells fidelity insurance. The insurance contract will say how much the society will be protected. If the society buys insurance for one lawyer or firm, it must offer the same insurance to others if they ask for it. The insurance company must also be willing to sell the insurance on the same terms. There's also a rule to protect the society and its members from being sued. If they tell the truth about whether a lawyer or firm has insurance, they can't be taken to court for it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367813.

This page was last updated on View changes


Previous

330: Consequences of rule off, or

"What happens to a fidelity fund when it is ruled off and how you get your share"


Next

332: Application of insurance money, or

"How insurance money helps pay claims against lawyers"

Part 10Fidelity Funds

331Regulatory society may enter into contracts of insurance

  1. Despite anything to the contrary in this Part, a regulatory society may, in its discretion, enter into any contract or contracts of insurance with any person or company carrying on fidelity insurance business in New Zealand, whereby the society will be indemnified to the extent and in the manner provided by the contract or contracts against liability to pay claims under this Part.

  2. Any such contract of insurance may be entered into in relation to practitioners and incorporated firms generally or in relation to any practitioner or practitioners or incorporated firm or incorporated firms named in the contract.

  3. No action lies against a regulatory society, or against any member or employee of a regulatory society or of the governing body of a regulatory society, or against any member of the management committee of a fidelity fund held by a regulatory society, for injury alleged to have been suffered by any practitioner or incorporated firm by reason of the publication in accordance with fact of a statement that a contract of insurance entered into under this section does or does not apply to that practitioner or incorporated firm.

  4. If any contract of insurance is entered into by a regulatory society in respect of any specified practitioner or incorporated firm, the regulatory society must, on the application of any other practitioner or practitioners or incorporated firm or incorporated firms, enter into a like contract of insurance in respect of the last-mentioned practitioners or incorporated firms if the insurer signifies his or her or its willingness to enter into such a contract on like terms and conditions.

Compare