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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

8/7/2014 - D&O Insurance Disgorgement FCPA Fraudulent Transfers Liability Insurance Policy Exclusions Restitution Securities Act of 1933 US Bank

Insurance and the Polar Vortex: Recovering Losses from the Big Chill of 2014

The first two weeks of 2014 ushered in an extraordinary weather disaster affecting most of the United States, causing extensive property damage and business interruption as a result of freezing temperatures. On January 3,...more

1/17/2014 - Commercial General Liability Policies Economic Damages Multiple Occurences Polar Vortex Property Damage Severe Weather

J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage

In a case closely watched by industry observers, the New York Court of Appeals, in J.P. Morgan Securities v. Vigilant Insurance Company, No. 113 (NY, June 13, 2013), issued an important ruling in the field of directors and...more

6/21/2013 - Bear Sterns Board of Directors D&O Insurance Disgorgement Insurers JPMorgan Chase Restitution

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