Toby Gee has represented insurers and their insureds in many disputes and at mediations ranging from the modest to multi-million dollar claims. He has acted in claims and disputes relating to earthquake, fire, employers’ liability, professional liability, cyber risks and motor policies.
Toby has represented insurers in policy disputes arising out of issues such as alleged fraud, and material non-disclosure, as well as the interpretation and application of exclusion clauses, breaches of general and special conditions, and other policy terms.
In 2014 Toby devised, and then edited and wrote articles for, Cover to Cover, a quarterly magazine for the insurance industry published by MinterEllisonRuddWatts. Alongside that, he co-ordinated and led quarterly round table discussions for insurers and brokers, on a wide variety of legal and commercial topics affecting the insurance industry. The Insurance Council of New Zealand has recognised these initiatives as making a unique and valuable contribution to the New Zealand insurance industry.
Toby has been recognised by the Legal 500 Asia-Pacific in the field of insurance.
- Fire, employers’ liability and motor policy disputes.
- Sperm bank – use of sperm with chromosomal abnormality – coverage – medical malpractice policy – product liability policy.
- Policy disputes arising out of alleged fraud, material non-disclosure, etc.
- Member of team of counsel in Deutsche Rückversicherung v Walbrook Ins Co Ltd & Others  1 WLR 1017.
- Junior counsel in £1M Commercial Court insurance claim relating to loss of undersea tractor equipment; meaning of ‘days’ grace’.
- Construction of exclusion clause in public liability policy relating to property “in the charge of” the tortfeasor, after house fire.
- Motor insurance disputes arising in relation to policy coverage, Road Traffic Act and MIB insurance liability.
- I have advised national and commercial organisations in relation to the suitability of their insurance policies in a variety of factual and insurance domains
- Representing a national organisation and its insurer in a multi-party multi-million dollar complex dispute arising out of earthquake damage to a commercial Wellington building.
- Advising the New Zealand Insurance Council on industry guidance relating to the Fire Insurance Levy.