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Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions.

Wotton + Kearney’s Andrew Moore, Patrick Boardman and Charu Stevenson look at the implications for insurers following this decision, which upheld the primary judgment rejecting the application of an insolvency exclusion.

You can download the full article below.

To read our earlier alert on the primary judgment, click here.

© Wotton + Kearney 2019
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.
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