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Radio Rentals class action affirms disclosure trend: Allens

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A recent Federal Court of Australia order in the Radio Rentals class action indicates insurers are increasingly going to have to disclose details of their clients’ insurance policies, law firm Allens says.

Justice Jacqueline Gleeson this month ordered AIG, the third respondent in the lawsuit, to provide documents including the directors’ and officers’ (D&O) insurance policies procured by Radio Rentals.

The applicant in the lawsuit had sought production of the D&O and professional indemnity policies the company had procured.

“This decision confirms a recent trend within the Federal Court for judges in class actions to order respondents' liability insurance policies to be produced to applicants even though such policies are not relevant to the disputed issues in those proceedings,” Allens says.

“It may become routine for class action applicants to seek and successfully obtain production of respondents’ insurance policies.”