Article
Can Insurers Avoid Covering Defence Costs Under A D&O Policy Before Fraud Is Proved?
In a landmark ruling, the English Commercial Court has determined that insurers must continue advancing defence costs under D&O policies even when fraud allegations are pending, provided a non-avoidance clause is present. The decision addresses whether such clauses violate public policy and establishes that insurers cannot withhold coverage until fraud is either admitted or proven by final court decision.
Mishcon de Reya