News & Analysis as of

Insurance Litigation Restitution

Wiley Rein LLP

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

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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

Wiley Rein LLP

Connecticut Court Holds Restitutionary Settlement Not Insurable Loss

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The Superior Court of Connecticut, applying Connecticut law, granted an insurer’s motion for summary judgment, finding that a D&O policy did not afford coverage for a settlement that resulted in a consent judgment against the...more

Carlton Fields

7th Cir. Holds Insurance Coverage Applies to Settlement Payments for Alleged Anti-Kickback and False Claims Act Violations

Carlton Fields on

On May 3, 2023, the Seventh Circuit Court of Appeals, in Astellas US Holding Inc. v. Federal Insurance Co., held that a liability insurer was required to contribute its limits toward its insured’s payment to settle potential...more

Saul Ewing LLP

Ninth Circuit: Insurer’s Equitable Indemnity Action Against its Insured Not Brought in Bad Faith

Saul Ewing LLP on

In KnightBrook Ins. Co. v. Payless Car Rental Sys., Inc., 2018 WL 1958661 (9th Cir. Apr. 26, 2018), the Ninth Circuit Court of Appeals affirmed the District of Arizona’s dismissal of a bad faith claim that was premised on...more

Jaburg Wilk

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

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The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Cozen O'Connor

Policy Limit demands + Quirke Legal Issues = Call Lawyer

Cozen O'Connor on

The recent California decision Barickman v. Mercury Casualty Company, 2016 WL 3975279, (Calif. App. – July 25, 2016), previously reported in Cozen’s bad faith blog on July 28, 2016, is worth revisiting on a bigger picture...more

Cozen O'Connor

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

Cozen O'Connor on

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

K&L Gates LLP

Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate

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An Ohio appellate court recently addressed the much-debated issue of recoupment of defense costs, holding in a 2–1 decision, and on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the...more

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