Insuring Disgorgement and Restitution Claims After Liu v. SEC; Liu's Effect on Kokesh, TIAA-CREF, and J.P. Morgan
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." This issue continues to challenge policyholders, insurers, and courts nationwide. The program will analyze the effect of Liu v. SEC, (U.S. June 23, 2020), on insurability, coverage issues, and seminal cases in this area. The panelist 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
- Principal issues
- Policyholder perspectives
- Insurer perspectives
- Practical strategies and best practices
The panelist 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 the authority to decide public policy?
- What role does fact-finding play in identifying uninsurable disgorgement?
Justin F. Lavella
Mr. Lavella is a partner in Blank Rome’s policyholder-only insurance recovery practice, formerly the insurance... | Read More
Mr. Lavella is a partner in Blank Rome’s policyholder-only insurance recovery practice, formerly the insurance practice of Dickstein Shapiro LLP. He focuses his practice on representing corporate policyholders, debtors’ and creditors’ committees, professional partnerships, federal employees, and other parties in insurance coverage disputes relating to the full spectrum of insurable losses, including mass tort liabilities, directors’ and officers’ liabilities, professional errors and omissions liabilities, employee theft, product contamination and recall, and first-party property damage. He represents companies in all aspects of risk management and insurance recovery, including litigation, arbitration, mediation, and bankruptcy proceedings, as well as counseling clients regarding prospective insurance placementClose