Accessing the deep pockets - when will a court let others inspect your liability insurance policy?

In recent Alerts we have been following a number of cases that have dealt with applications by claimants and potential claimants for access to details of liability insurance held by a defendant or target defendant.

A number of these cases arise from actions falling out of the GFC, including the class actions and other litigation involving Lehman Brothers, Great Southern and Centro. They have involved claimants bringing applications for access to Directors and Officers (D&O) liability policies and other liability insurance, such as civil liability and professional indemnity insurance, usually for the purpose of assessing whether to commence or proceed with litigation by determining if there are funds available to meet their claim.