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Marsh and ex-manager end court action

Marsh and Noel Vickery have “resolved their proceedings” in the Federal Court, ending a lawsuit the global broker brought against its former SA strategic risk manager.

Mr Vickery joined Arthur J Gallagher as Client Manager – Corporate in Adelaide seven months after leaving Marsh in February 2012.

After losing a number of clients to Arthur J Gallagher, including the SA Master Builders Association, Marsh began a Federal Court action against Mr Vickery, alleging it had suffered loss and damage.

In a statement to insuranceNEWS.com.au, Marsh says that in the course of his employment with the company Mr Vickery “downloaded documents from the Marsh server onto external storage devices, including USB devices, and large-capacity external hard drives”.  

It says these documents included files containing confidential information about Marsh’s business affairs and the business affairs of clients.  

“The documents that Mr Vickery downloaded also included files containing Marsh’s intellectual property.”

Marsh says he retained “some or all” of the external hard drives in his possession when he left the company, and the company took legal action against him alleging he “breached various legal obligations he owed to Marsh”.

“Mr Vickery and Marsh have resolved these proceedings,” the statement says.

The details of the resolution are confidential.

A Marsh spokesman told insuranceNEWS.com.au the company cannot comment further on the matter.

“However, generally speaking, Marsh expects obligations under its employment contracts will be complied with and takes any departure from those obligations seriously.

“Marsh will do everything it can within the confines of the law to protect [its] interests, including instigating legal proceedings, in circumstances where an employee has not complied with their obligations or has acted in a manner inconsistent with those obligations.”