Insurability of Disgorgement and Restitution Payments: 2021 National Defense Authorization Act
Impact on Liu v. SEC, SEC v. Kokesh, and Recent State Law Decisions
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will address insurance coverage for disgorgement and other remedies requiring restitution of "ill-gotten gains." The program will explore the effect of Section 6501 of the National Defense Authorization Act for Fiscal Year 2021 (NDAA) on the principles in Kokesh v. SEC and Liu v. SEC, and the lessons of two Delaware Supreme Court decisions on the insurability of settlements of fraud claims and the scope of certain "fraud/profit exclusions" in Sycamore Partners v. Endurance American Ins. Co., et al. and RSUI Indemnity Co. v. David H. Murdock and Dole Food Co. Inc.
- Recent cases
- Principal 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 do In re TIAA-CREF Ins. Appeals, Sycamore Partners v. Endurance American Ins. Co., et al., and RSUI Indemnity Co. v. David H. Murdock and Dole Food Co. Inc. provide on approaching coverage disputes?
- Do the NDAA amendments change the analysis?
- 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 the authority to decide public policy?
- What role does fact-finding play in identifying uninsurable disgorgement?
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
Sean J. Williams
Pillsbury Winthrop Shaw Pittman
Mr. Williams is a litigator whose practice focuses on resolving insurance coverage disputes for corporate and... | Read More
Mr. Williams is a litigator whose practice focuses on resolving insurance coverage disputes for corporate and individual policyholders.Close
Early Discount (through 09/03/21)
Cannot Attend September 28?
Early Discount (through 09/03/21)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.