In Mallesons’ latest podcast episode, James Breese, partner in our Policyholder Disputes team, joins Peter Yeldham and Mandy Tsang, both partners at Mallesons, for a discussion on the Australian and English approaches to four perennial issues in insurance claims involving multiple insured parties: notification, allocation, erosion of policy limits, and insured versus insured exclusions.

In the podcast, James, Peter and Mandy address:

• What happens when multiple insured parties are drawing on the same policy
• The practical steps insured parties can take to protect their position and coordinate effectively, minimising unnecessary erosion of available policy limits
• Whether parties should adopt a different approach when notifying claims under policies such as D&O insurance
• The concept of allocation, what it means in practice and why is it important when multiple insureds are covered under the same policy
• How to operationalise a claim and maintain a consistent message to insurers through the claims process
• The on-the-ground issues they are seeing in D&O disputes
• The exclusions you should be looking out for certain policies

Additional resources

Read more about the evolving landscape for D&O insurance in the director’s and officers’ chapter of The Policyholder Review 2026, produced by Stewarts.

Further to this, if you want to hear more from James, listen to his discussion with Peter earlier this year on common interest privilege and how it operates across Australia and England. You can find the podcast episode here.

You can also find further information regarding our expertise, experience and team on our Policyholder Disputes page. If you require assistance from our team, please contact us or alternatively request a call back from one of our lawyers by submitting this form.