In this Q&A session, James WS Peters QC discusses key issues and recent developments in the area of directors’ and officers’ (D&O) insurance with particular focus on construction and causation, and the recent Oz Minerals and Hird v Chubb decisions.
Discussion points include:
• What are the recent decisions in this area?
• What is D & O insurance?
• What is the history of D & O insurance?
• Is there any particular factors affecting D & O insurance in Australia and its rise?
• Are there any special features of a D & O insurance policy?
• How is causation relevant to a D & O insurance policy?
• What are the general common law principles to causation in the law?
• Is there any particular law as to causation in an insurance context – how is it applied? Is it a matter of construction of the policy?
• Does the text in insurance policies differ as to tests of causation?
• How is this relevant in the Hird litigation?