From The International Desk

This section looks at some cases from around the globe (with outcomes that may not have been the same if decided by Australian courts).

Israel

Prior knowledge and defence costs under D&O policy

Kenge Mansur v Sahar Zion Insurance Co Ltd (CA Haifa 4600/07) considered the application of a prior known circumstances exclusion and payment of defence costs under a directors and officers (D&O) insurance policy.

The appellant (Mansur) had, between 1989 and 1998, served as the head of a local council. In 1999, a defamation claim was filed against him in the Magistrates' Court on account of his actions when serving on the local council. At the time, Mansur was insured under a D&O Local Council liability policy. The insurer declined cover, alleging that Mansur was aware of the potential claim against him prior to the policy's inception date. A year prior to the policy's inception, Mansur had received a letter from the plaintiff in which he demanded an apology and stated