Liability insurance: restitutionary claims

The issue in APD Technology Pty Ltd v Maximo Developments Pty Ltd [2022] FCAFC 141 was whether an assured under a professional indemnity policy granting indemnity and defence costs coverage for liability for "compensation" could recover for claims made in which there were allegations of breach of fiduciary duty seeking restitutionary remedies.

Maximo : the facts