Directors and officers insurance: operation of deductibles

In Nuix Ltd v Berkshire Hathaway Specialty Insurance Co [2026] FCAFC 87 the Full Federal Court has upheld the decision of Derrington J, [2025] FCA 1002; [2026] Lloyd's Rep IR 298. The judge considered the operation of deductibles under a liability policy where different deductibles were applicable to different claims, but all of the claims were to be aggregated as a single claim. Derrington J held that the higher of the deductibles was to be applied to the aggregate claim, a conclusion affirmed by the Full Court.

Nuix : the insurances