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ARTICLE · 28 JULY 2026

Clash Of Coverage: Side B vs Side C

Barry Nilsson
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The Full Court of the Federal Court of Australia recently dismissed an appeal in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87 and found that the larger of two retentions applied when considering aggregation of coverage under the insured’s policies.

AustraliaInsurance
Lachlan Commins
Lachlan Commins
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The Full Court of the Federal Court of Australia recently dismissed an appeal in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87 and found that the larger of two retentions applied when considering aggregation of coverage under the insured’s policies.

In issue

  • In the appeal proceeding, the Court was required to consider whether a $2.5 million Side B retention policy or $10 million Side C retention policy applied in circumstances where both Side B and Side C coverage were involved.

The background

In November 2020, Nuix Limited (Nuix) and its related company, Nuix SaleCo Ltd, issued a prospectus for an initial public offering (IPO). Nuix was subsequently listed on the ASX on 4 December 2020.

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