AIG AUSTRALIA LTD v KABOKO MINING LTD

[2019] Lloyd's Rep. IR 575

FEDERAL COURT OF AUSTRALIA(FULL COURT)

Before Chief Justice Allsop,Justice Derrington,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.