Insurability of Disgorgement and Restitution Claims After Kokesh, TIAA-CREF, and J.P. Morgan
Practical Guidance for Policyholder and Insurer Counsel
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss whether insurance policies provide defense and indemnity coverage for restitution or disgorgement of “ill-gotten gains”--an issue that continues to challenge policyholders, insurers, and courts nationwide. The panel will provide practical guidance gleaned from recent seminal decisions and explain the most compelling arguments for and against these claims, ranging from broad public policy considerations to close reading of exclusions.
- Recent cases
- Key issues
- Policyholder perspectives
- Insurer perspectives
- Practical strategies and best practices
The panel will review these and other relevant issues:
- When does an insured's loss represent disgorgement of an improper claim?
- What guidance does In Re: TIAA-CREF Insurance Appeals provide on approaching coverage disputes?
- When does an alleged wrongdoer's liability insurance cover an aggrieved party's claim for restitution?
- What are the fundamental legal principles and considerations applicable to the disgorgement inquiry?
- How have courts interpreted the public policy exclusion for "uninsurable loss"?
- When analyzing courts' efforts to determine the prevailing "public policy" in the context of whether insurance should be allowed to cover claims for restitution, on what basis do courts have authority to decide public policy?
- What role does fact-finding play in identifying uninsurable disgorgement?
Theodore A. Keyes
Schulte Roth & Zabel
Mr. Keyes practices in the areas of environmental law, insurance law and litigation. His litigation practice covers a... | Read More
Mr. Keyes practices in the areas of environmental law, insurance law and litigation. His litigation practice covers a wide range of issues and disputes involving insurance and environmental law in state and federal court as well as in the context of alternative dispute resolution. In addition to insurance coverage litigation, Mr. Keyes’ insurance practice includes counseling of clients concerning various specialty insurance policies, including directors’ and officers’ liability, professional liability and specialty pollution products. His Ted’s environmental practice focuses on environmental, health and safety issues in domestic and international business, financing, real estate and other transactions, environmental insurance coverage cases, cost recovery actions, regulatory matters and parkland alienation disputes.Close
Melinda B. Margolies
Kaufman Borgeest & Ryan
Ms. Margolies focuses her practice on insurance coverage and commercial disputes. She has worked extensively with... | Read More
Ms. Margolies focuses her practice on insurance coverage and commercial disputes. She has worked extensively with insurers, brokers and insureds in connection with business and commercial risks particularly in the areas of professional liability, directors and officers liability, employment practices liability, fiduciary liability, bankers professional liability, not-for-profit board and management liability, and partnership liability. Ms. Margolies works closely with insurer clients and insureds to manage complex claims and develop cost-effective strategies for resolution of claims across many areas of substantive law. She counsels insurers on policy wording, insurance coverage issues, and represents insurers in litigation, arbitration and mediation. Ms. Margolies is a frequent author and lecturer on a variety of insurance law topics.Close
Ms. Whitman’s practice focuses on the representation of insureds in all phases of insurance recovery, from... | Read More
Ms. Whitman’s practice focuses on the representation of insureds in all phases of insurance recovery, from pre-suit negotiations through alternative dispute resolution and litigation. She also advises insureds on their insurance programs and provides counsel on risk management strategy. During her career, Ms. Whitman has represented corporate clients in the energy, financial, technology, construction, manufacturing and agricultural industries in securing coverage for a vast array of claims. In addition, her practice has a particular focus on insurance coverage issues in the entertainment and sports industries. Ms. Whitman has counseled those in the entertainment industry for losses caused by event cancellation, employment practices and defamation.Close