News & Analysis as of

D&O Insurance Restitution Policy Exclusions

Wiley Rein LLP

When Labels Don’t Matter: No Coverage for Restitutionary Arbitration Award

Wiley Rein LLP on

The Ninth Circuit, applying California law, has held that there is no coverage under a D&O policy for an arbitration award comprised of funds previously loaned to the insured by the claimant because the award constituted...more

Proskauer Rose LLP

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

Proskauer Rose LLP on

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Bank v. Indian Harbor: Another Blow to the Restitution/Disgorgement Defense

In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more

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