FITZGERALD V TULLY

[2024] FCA 391, Federal Court of Australia, Justice McElwaine, 19 April 2024

Insurance (directors and officers) – Whether claim made against director in policy period – Whether settlement by director was reasonable – Whether director was liable as a matter of law – Breach of the duty of disclosure

T was a director of Tempo, which held a "claims made and notified" directors and officers policy under which he was a beneficiary.