My counterpart is insolvent but potentially has insurance. Can I access it?

Philip Pan, Scott Watson, Cameron Mew and Jayden Peters of King & Wood Mallesons consider what recourse is available to access insurance held by insolvent counterparties to satisfy any claims for unmet liabilities of the insolvent party, including how to find out, in the first place, whether there is a policy that could respond to potential liabilities and how the proceeds of that policy can be segregated from other unsecured creditors.

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