Aggregation in a representative proceeding – Court gives further guidance for insurers
The Supreme Court of New South Wales recently considered the application of a “related wrongful acts” aggregation provision in the context of a representative proceeding commended against the insured, the Bank of Queensland. Wotton + Kearney acted for Catlin Australia Pty Ltd as one of the three insurer defendants in the proceedings. The case provides guidance on whether a representative proceeding constitutes just one “claim” under a policy and how aggregation provisions operate.
In this article, Wotton + Kearney partner Andrew Moore and senior associate Thomas Cavanagh discuss the decision and its significant implications for insurers.