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Bridgecorp appeal: the latest on defence costs under a D&O policy and the application of a statutory charge

Clayton Utz
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Australia, New Zealand
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January 14 2013

Should companies purchase a defence costs only policy, separate to their D&O policy, to cover their directors and officers? This has been a live

The Westport decision: manifest error on the face of the award and arbitrators' reasons

Clayton Utz
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Australia
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October 27 2011

The Westport decision opens up the ambit of matters that fall within the rubric of manifest error on the face of the award and lowers the standard to be expected of the reasons given by an arbitrator

High Court says there's no double insurance if there's no common burden

Clayton Utz
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Australia
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September 6 2011

You make a deal which requires you to indemnify the other party, so you take out insurance

Lessons from Queensland - Legal issues arising from recent natural disasters

Clayton Utz
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Australia
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July 19 2011

In late 2010 and early 2011 Queensland was subjected to several devastating natural disasters, including widespread flooding and Tropical Cyclone Yasi

Accessing the deep pockets - when will a court let others inspect your liability insurance policy?

Clayton Utz
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Australia
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July 13 2011

In recent Alerts we have been following a number of cases that have dealt with applications by claimants and potential claimants for access to details of liability insurance held by a defendant or target defendant

Insureds' obligation to mitigate loss: how much do you have to suffer?

Clayton Utz
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Australia
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March 9 2011

An insured has a duty to mitigate its loss - but how far does it have to go?

The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from AMACA

Clayton Utz
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Australia
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March 3 2011

Your insurer goes bust - can you as an insured claim the reinsurance proceeds?

Exclusion clause in product liability insurance given narrow reading by High Court

Clayton Utz
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Australia
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November 5 2010

A crop of low-quality grass and a battle over product liability insurance has given the High Court an opportunity to emphasise the need to read exclusion clauses properly and in context (Selected Seeds Pty Ltd v QBEMM Pty Limited 2010 HCA 37

Assigning your rights under a D&O policy: the High Court speaks

Clayton Utz
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Australia
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August 4 2010

Assigning your rights under a directors' and officers' policy is a vexed issue, and this morning the High Court gave some welcome guidance on the issue (CGU Insurance Limited v One.Tel Limited (In Liquidation) 2010 HCA 26 - Clayton Utz acted for the successful respondent

Sometimes you do have to sweat the small stuff

Clayton Utz
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Australia
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August 2 2010

The fact that you're a very big company doesn't mean you needn't follow the legal rules for the execution of documents

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