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Statutory Liability Coverage responds to a growing risk under Australian law. Many statutes impose personal liability on a company and its managers for a regulatory breach. This includes civil penalties under the Corporations Act 2001 (Cth), and breaches of environmental, safety, consumer, or privacy law. Cover usually pays defence costs for a regulatory investigation or a court case. It can also pay for a formal probe by a regulator, such as ASIC, the ACCC, or a state safety body. Cover may extend to a civil pecuniary penalty, but only 'to the extent insurable at law.' Criminal fines and penalties meant as punishment cannot be insured under Australian law. Civil penalties sit in a greyer area. Some statutes now ban insuring against them at all. Even where a policy allows it, a court can still block a payout if conduct was deliberate or dishonest. This wide risk is why the cover matters, though not every penalty ends up insurable.
Statutory Liability Coverage responds to a growing risk under Australian law. Many statutes impose personal liability on a company and its managers for a regulatory breach. This includes civil penalties under the Corporations Act 2001 (Cth), and breaches of environmental, safety, consumer, or privacy law. Cover usually pays defence costs for a regulatory investigation or a court case. It can also pay for a formal probe by a regulator, such as ASIC, the ACCC, or a state safety body. Cover may extend to a civil pecuniary penalty, but only 'to the extent insurable at law.' Criminal fines and penalties meant as punishment cannot be insured under Australian law. Civil penalties sit in a greyer area. Some statutes now ban insuring against them at all. Even where a policy allows it, a court can still block a payout if conduct was deliberate or dishonest. This wide risk is why the cover matters, though not every penalty ends up insurable.
We are digitising commercial insurance and risk management for small, mid-market and technology businesses. We work with a global network of underwriters, challenging legacy brokers and delivering market leading coverage to our customers.