Directors and officers liability insurance: claims, settlements and disclosure

In Fitzgerald v Tully [2024] FCA 391, McElwaine J sitting in the Federal Court of Australia considered a claim for indemnity by an insured director under a directors and officers liability policy. Much of the case is taken up with discussion of whether the director was in breach of duty at all, and the court's conclusion that he was not in breach of duty rendered the other issues redundant. However, there is helpful discussion of the meaning of "claim" and of disclosure issues.

Tully: the facts