As a result of this alleged breach, Hanover claims, it has already lost more than $2 million it could have claimed under insurance policies. That includes the $600,000 it spent in a failed bid to get cover from AIG under a $20 million policy.
Because of Apex's alleged breach, Hanover claims it will also be unable to rely on payments from AIG for its upcoming case with the FMA. It wants an inquiry into losses, judgment for this amount and interest and costs. Although the interim settlement was reached last February, the litigation still hasn't been resolved and Hanover and Apex are due back in the High Court in July.
The FMA's civil action against six former Hanover directors or promoters is due in court in September.
The FMA seeks compensation for investors who put $35 million into Hanover Finance, Hanover Capital and United Finance between December 2007 and July 2008.