Nuix Secures Victory in Insurance Dispute with Berkshire Hathaway
Melbourne, Australia – August 26, 2025 – Nuix Limited (ASX: NXL), a global leader in data processing and investigation software, has announced a significant legal victory in its dispute with Berkshire Hathaway Specialty Insurance Company. The Federal Court of Australia has ruled in favour of Nuix, ordering Berkshire Hathaway to indemnify Nuix under a D&O (Directors and Officers) insurance policy.
The judgment, delivered by Justice O’Bryan on August 26, 2025, in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2025] FCA 1002, confirms that Berkshire Hathaway is obligated to cover certain costs and expenses incurred by Nuix in relation to ongoing litigation. This decision represents a crucial win for Nuix, which has been engaged in legal proceedings concerning the interpretation and application of its D&O insurance policy.
The dispute arose from Nuix’s claims for coverage under a D&O policy issued by Berkshire Hathaway. Nuix sought indemnity for defence costs associated with various claims and investigations, including those related to its initial public offering (IPO). Berkshire Hathaway had disputed its liability to indemnify Nuix, leading to the protracted legal battle in the Federal Court.
In his comprehensive judgment, Justice O’Bryan found that Berkshire Hathaway was obliged to indemnify Nuix for costs reasonably incurred by Nuix in defending claims made against its directors and officers. The Court specifically addressed the scope of coverage under the policy, examining various exclusions and conditions that Berkshire Hathaway sought to rely upon. Ultimately, the Court found these arguments to be unpersuasive in the context of the specific claims made by Nuix.
This ruling is expected to have a material positive impact on Nuix’s financial position, providing much-needed clarity and certainty regarding its insurance coverage. The successful outcome alleviates a significant burden on the company and its stakeholders.
Nuix has consistently maintained that it had valid claims for indemnity under its insurance policies. This judgment validates that position and underscores the importance of comprehensive D&O insurance for publicly listed companies.
A Nuix spokesperson commented on the decision, stating, “We are very pleased with the Federal Court’s decision. This judgment provides us with the necessary financial support to continue addressing the ongoing legal matters. We are grateful for the Court’s careful consideration of the complex issues involved.”
The legal proceedings between Nuix and Berkshire Hathaway have been closely watched within the corporate and legal communities. The Federal Court’s decision provides important guidance on the interpretation of D&O insurance policies in Australia and the obligations of insurers to provide cover.
Nuix Limited is a technology company that provides powerful software for data discovery and investigation. Its solutions are used by governments, law enforcement agencies, and corporations worldwide to navigate complex data landscapes and uncover critical insights. The company continues to focus on its core business operations and serving its global customer base.
Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2025] FCA 1002
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