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AIG AUSTRALIA LTD v KABOKO MINING LTD

LLR: Insurance & Reinsurance Plus

AIG AUSTRALIA LTD v KABOKO MINING LTD

[2019] Lloyd's Rep. IR Plus 38

FEDERAL COURT OF AUSTRALIA (FULL COURT)

Before Chief Justice Allsop, Justice Derrington and Justice Colvin

Insurance (Directors’ and Officers’ liability) – Exclusion for loss arising from a claim arising out of, based upon or attributable to the actual or alleged insolvency of the company – Claims against directors for breach of fiduciary and other duties leading to loss of commercial opportunity – Whether claims fell within the insolvency exclusion.

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