Insurance
David Friar is an Auckland barrister who acts for both insurers and insureds, as well as for brokers and others in the insurance industry, across a full range of policy types, claims and disputes.
Expertise
David’s insurance expertise spans a wide range of cover:
- Property, material damage and business interruption
- Professional liability and indemnity claims
- General liability, product liability and recalls
- D&O and securities claims
- Life, medical, disability and income protection
He has acted for the Insurance Council of New Zealand (ICNZ) and the Insurance Brokers Association of New Zealand (IBANZ).
Disputed Claims
David has significant experience in litigating insurance disputes.
David has taken a number of claims to trial, and he has particular expertise in testing fact and expert evidence at trial.
David has also argued insurance appeals in the Court of Appeal and Supreme Court.
In cases that call for settlement, David has extensive experience at mediation and in direct settlement negotiations.
Advice
In addition to litigating and mediating claims, David advises on:
- Policy wording and interpretation
- Coverage and claims handling
- Subrogated recoveries
- Class actions involving insurers
- FENZ and fire service levies
- Regulatory, prudential and insurance industry issues
What clients say
“David Friar is able to give robust and firm opinions on uncertain areas of law, is a safe pair of hands for trial work due to his extensive trial experience, and is great to work with.”
“David is our first choice for particularly difficult insurance law issues.”
David has “exceptional knowledge and understanding when advising on insurance claims”
David “offers particularly deep familiarity with insurance issues associated with earthquakes and other natural catastrophes”
Examples of property claims
BC 390670 v AIG and IAG (Bellagio Apartments)
Senior counsel for the insurers in multi-million dollar proceedings concerning a claim for property damage by the body corporate following the Kaikōura earthquake
High Court Wellington ·
Equity Trustees (Diversified NZ Property Trust) v IAG
Senior counsel for the insured in multi-million dollar proceedings against the insurers for material damage and business interruption to the Queensgate Shopping Centre following the Kaikōura earthquake
High Court Auckland ·
Dodds v Southern Response
Senior counsel for the insurer in a High Court trial concerning alleged misrepresentation by the insurer of rebuild costs in a property insurance dispute
High Court Christchurch / Court of Appeal · [2019] NZHC 2016 · [2020] NZCA 395
Canterbury earthquakes
Senior counsel for Southern Response, Tower and Vero in dozens of proceedings arising from the Canterbury earthquakes between and
High Court Christchurch / District Court Christchurch / Canterbury Earthquakes Insurance Tribunal (CEIT) / New Zealand Claims Resolution Service (NZCRS)
Read more property claims
C Trust v NHC and Southern Response
Senior counsel for the insurer in a trial of a Canterbury earthquake property dispute in the NZCRS before Rhys Harrison KC
NZCRS-23561 ·
H Trust v Southern Response
Senior counsel for the insurer in a trial of a Canterbury earthquake property dispute in the Canterbury Earthquakes Insurance Tribunal
CEIT CEI-0011-2019 ·
Southern Response v Shirley Investments
Senior counsel for the insurer in a High Court test case on the “buy another house” option in a property insurance policy
High Court Christchurch · [2017] NZHC 3190
Earthquake Commission v Insurance Council of New Zealand
Senior counsel for Southern Response before a full bench of the High Court in a test case on whether an earthquake-induced increase in flooding vulnerability was physical damage
High Court Christchurch · [2014] NZHC 3138, [2015] 2 NZLR 381
Kiwi Property, Northlands Shopping Centre
Acted for the insured on a material damage and business interruption claim to the Northlands Shopping Centre following the Christchurch earthquakes
Settled without proceedings ·
Examples of professional indemnity claims
FFWL v Gibson and Jackson (Villa Maria)
Acted for the receivers in proceedings defending alleged breach of duty and negligence in the sale of Villa Maria
High Court Auckland · [2022] 3 NZLR 366 · [2025] NZHC 1427
Brierley Investments Ltd
Junior counsel to Campbell Walker KC, and senior counsel on interlocutory matters, acting for PwC in proceedings alleging breach of duty in providing advice
High Court Wellington · [2020] NZHC 2773, [2021] NZHC 1556, [2022] NZHC 150
Grant v Jackson and Graham
Junior counsel to Stephen Hunter KC, acting for the receivers in proceedings defending alleged breach of duty and professional negligence in the sale of Ormiston Rise’s assets
High Court Auckland ·
Other PI claims
Acted on PI claims for professionals in a range of fields, including accounting, law, tax, audit and broking
Examples of general and product liability claims
NZ International Convention Centre
Advised Fletcher Construction on the initial insurance and regulatory response to the fire at the NZ International Convention Centre
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Large food manufacturer
Advised manufacturer on liability and insurance issues arising from the significant contamination of a food product, including product recall and claims under the company’s insurance policies
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Examples of D&O and securities claims
Fullarton v Arowana International
Senior counsel for the promoter and one of its directors defending a multi-million dollar High Court securities class action concerning the public listing of Intueri
High Court Auckland · [2021] NZHC 931 · [2021] NZCCLR 28
BFSL 2007 v Steigrad
Junior counsel for the Bridgecorp receivers on whether a statutory charge under section 9 of the Law Reform Act 1936 gives third-party claimants priority over directors’ defence costs under a D&O policy
Supreme Court · [2013] NZSC 156, [2014] 1 NZLR 204
Directors
Advised a number of boards and individual directors on their D&O policies and deeds of indemnities, including the scope of cover, disclosure obligations, runoff cover, claims under the policy and related issues
Examples of life, medical and disability claims
Fletcher v Lawlink and Resolution Life
Senior counsel for the insurer in a High Court trial concerning a total disability claim and the insured’s obligation to attend an examination
High Court Tauranga · [2021] NZHC 3543, [2022] NZHC 381, [2025] NZHC 162
Chandra v OnePath
Senior counsel for the insurer in proceedings concerning scope of cover under an income protection policy
High Court Auckland ·
Sprott v AMP
Senior counsel for the insurer in proceedings concerning the meaning of “totally disabled” in an income protection claim
High Court Christchurch
Southern Cross
Senior counsel for the insurer in a Human Rights Commission complaint and mediation as to whether an exclusion in a medical policy was discriminatory under the Human Rights Act
HRC ·
Examples of insurance class actions
Chip N Repair v IAG New Zealand
Senior counsel for IAG defending a class action against an insurer in relation to repairs
High Court Auckland · [2022] NZHC 2047
Southern Response Unresolved Claims Group v Southern Response
Junior counsel to Mark O’Brien KC in defending a class action against the insurer in relation to Canterbury earthquake claims
High Court Christchurch / Court of Appeal · [2017] NZCA 489 · [2016] NZHC 245 · [2016] NZHC 3105
Examples of industry and regulatory work
Natural Disaster Response Agreement
Acted for ICNZ and member insurers on the NDRA and associated dispute resolution scheme
FENZ and fire service levies
Advised IBANZ, brokers, insurers and insureds on the FENZ levy regime under the Fire and Emergency New Zealand Act, including its anti-avoidance rules
NZ Fire Service Commission v IBANZ
Junior counsel for IBANZ and the broking industry in relation to fire service levies (and lead counsel on the composite policy issue)
Supreme Court · [2015] NZSC 59
Publications
- New fire services levy regime takes effect with an anti-avoidance rule () Legal update
- “Liability Trends for Directors and Officers”, opening presentation and panel member at the ANZIIF Annual Liability Conference ()
- “Alternative dispute resolution”, insurer presentation ()
- High Court rejects an insurer’s limitation defence on a top up earthquake claim () Legal update
- High Court rules on damage, disproportionate reinstatement and repeat claims () Legal update
- “Recent insurance case law”, insurer presentation ()
- “Claims workshop”, insurer presentation ()
- High Court allows an insured to sue in New Zealand under an Australian policy () Legal update
- “Contract Law Update: insurance contracts”, client presentation ()
- Submission to MBIE on the Insurance Contract Law Review Options Paper ()
- “Litigation Funding”, ANZIIF Annual Liability Conference ()
- NZ Herald, “Warning for tenants”, on the Court of Appeal’s decision in Holler v Osaki concerning a tenant’s liability for damage where the landlord is insured ()
- “Three new insurance cases closed 2014”, Mercantile Gazette ()
- “Supreme Court confirms building owners are not required to upgrade to 67% of NBS”, ADLS Law News ()
- “Insurance law issues”, panel discussion, ANZIIF Seminar ()