AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 (14 June 2019) (Allsop CJ, Derrington and Colvin JJ)


Catchwords:


INSURANCE – professional indemnity insurance – directors and officers liability policy – appeal from decision of primary judge on preliminary question – whether an insolvency exclusion precluded cover under the policy for the claims made by the first respondent – proper construction of the insolvency exclusion – whether the subject matter of the Claim must have the alleged insolvency link – appeal dismissed