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Insurance Law Commons

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Neil J Foster

Selected Works

Articles 1 - 2 of 2

Full-Text Articles in Insurance Law

You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster Dec 2011

You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster

Neil J Foster

This article considers the question of whether it is possible for company officers, who may be fixed with personal liability for civil damages and criminal penalties for workplace health and safety injuries, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. It concludes that insurance against criminal penalties is void as a matter of public policy, and ought not to be offered by insurers or relied upon by company officers. It is also suggested that government regulators would be justified in taking action to highlight the problems caused by …


Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster Oct 2010

Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster

Neil J Foster

This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.