Wilkie v Gordian Runoff Limited

Insurance – Professional indemnity insurance - Directors and officers liability insurance policy - Criminal proceedings instituted against appellant insured - Following Royal Commission, appellant alleged to have permitted misleading information to be provided to company auditor - Appellant claimed for advance payment of defence costs under insurance policy - Availability of advance payment of insured's defence costs subject to respondent insurer not denying indemnity for a claim - Respondent purported to deny indemnity relying on exclusion under the policy for losses arising from dishonest, fraudulent, criminal or malicious conduct - Exclusion enlivened only where conduct admitted by the insured or established to have occurred following adjudication by a court, tribunal or arbitrator - Whether respondent had effectively denied indemnity for appellant's claim - Whether stated reliance upon exclusion sufficient to deny indemnity - Whether exclusion engaged in the circumstances.