Daniel Wilkie v Gordian RunOff Limited & Anor [2003] NSWSC 1059

Daniel Wilkie v Gordian RunOff Limited & Anor [2003] NSWSC 1059

Insurers are free of any obligation to indemnify the plaintiff for defence costs under Automatic Extension 9 when denial is based solely on Exclusion 7, even if the conduct has not yet been adjudicated or admitted, provided the denial is made in good faith.

Jurisdiction
Australia
Judgment Date
18 November 2003
Procedural Posture
Motion for Determination of Separate Question / Judgment
Outcome
Defendants free of any obligation to indemnify the plaintiff for defence costs
Legal Topics
['directors and Officers Liability' 'defence Costs' 'exclusion Clauses' 'indemnity']
['insurance Law' 'equity'] ['directors and Officers Liability' 'defence Costs' 'exclusion Clauses' 'indemnity']

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Procedural Posture

Motion for Determination of Separate Question / Judgment

Legal Issues

  1. 1 ['Whether defendants are free of any obligation to indemnify plaintiff for defence costs under Automatic Extension 9 when denial of indemnity is based solely on Exclusion 7 of the policy']

Ratio Decidendi

Insurers are free of any obligation to indemnify the plaintiff for defence costs under Automatic Extension 9 when denial is based solely on Exclusion 7, even if the conduct has not yet been adjudicated or admitted, provided the denial is made in good faith.

Court Disposition

Defendants free of any obligation to indemnify the plaintiff for defence costs

Orders

  • ['The question set out in paragraph 5 is determined separately from any other question in the proceedings.' 'The question is answered: Yes.']