Lloyds syndicates fail to elude NAB
An insurance claim tied to a long-running NAB "scandal" in the UK around fixed rate loans will crawl forward, after the Federal Court ruled in favour of the bank on complex points of procedure by Chief Justice James Allsop.NAB's insurance claim for £357 million is contested by Nautilus Insurance Pte Ltd and three syndicates of underwriters at Lloyds.Since 2012, NAB and its then-UK subsidiary Clydesdale Bank were aware "there were grounds for redress for many customers" in connection with interest rate hedging products stand-alone derivative products and tailored business loan products sold from 2001.In early 2016, NAB submitted a claim submission for the hedging products review and redress program to Nautilus and the reinsurers for the 2012/2013 policy. In August 2017, NAB submitted a claim submission for the fixed rate complaints redress program for the 2013/2014 and 2014/2015 policy years, Justice Allsop explained in his judgment last week.There are, Allsop said, "numerous issues in respect of which the parties are in dispute. One group of issues concerns the proper construction of critical provisions of the policies of insurance concerning the definitions of the phrase 'Civil Liability', of the word 'Loss' and of the phrase 'Defence Costs'."The jurisdiction of Australian courts was also in dispute, though Allsop concluded NAB's "suit appears to be properly constituted".Justice Michael Lee will take over the next phase of the case, listed for 12 November.In the manner of these things, a settlement is the likely outcome, though Allsopp observed "I recognise that there will remain a significant body of issues to be litigated."