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.