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Articles by Atish Dullabh
‘Penalty imposed by law’ insurance policy exclusion not for compensatory penalty (US)
12 November 2026 | Legal Affairs | General | Donald Dinnie, Director at Deneys and Atish Dullabh, Associate at Deneys In November 2021, the New York Court of Appeals held that liability insurers could not rely on an exclusion for a “penalty imposed by law” to refuse to indemnify their insured, securities broker-dealers for a USD140 million disgorgement payment made to settle a regulatory investigation.
Fortuity turns on the insured’s knowledge, not foreseeability (US)
03 November 2026 | Legal Affairs | General | Donald Dinnie, Director at Deneys, Johannesburg and Atish Dullabh, Associate at Deneys, Cape Town In September 2026, the Arizona Supreme Court held that a loss is not fortuitous if the insured subjectively knew, when cover attached, that the loss-causing event had already occurred, was in progress, or was certain to occur. The court rejected an objective test that asks whether the loss was reasonably foreseeable.
Jurisdiction in cross-border insurance disputes (UK)
10 June 2026 | Legal Affairs | General | Donald Dinnie, Director and Atish Dullabh, Associate at Deneys In this judgment, the English High Court decided two anti-suit injunctions to stop similar proceedings in two jurisdictions, one pursued by a London insurance broker and the other by London-market reinsurers, regarding claims maintained to prevent victims of an aviation accident from pursuing claims against them in Florida, USA.
D&O Insurance: indemnification for civil penalties
01 April 2026 | Legal Affairs | General | Donald Dinnie, Director and Atish Dullabh, Associate at Deneys In May 2025, the Federal Court of Australia declined to make an order prohibiting a corporate officer from claiming indemnification under their directors and officers (D&O) insurance policy for a civil penalty imposed for contraventions of consumer law.
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