NUIX LTD V BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY

[2026] FCAFC 87, Full Federal Court of Australia, Justice Moshinsky, Justice Charlesworth and Justice McEvoy, 6 July 2026

Insurance (Directors and Officers) – Different levels of deductible for Side B and Side C – Claims made under both Side B and then Side C – Whether Side B deductible applied as first in time

N held two policies: a Public Offering of Securities Insurance (POSI Policy); and an Executive First Directors & Officers Liability Insurance policy (the D&O Policy).