News & Analysis as of

Duty to Defend Disgorgement

Carlton Fields

Eleventh Circuit Explicitly Adopts Distinction Following Hoover to Confirm That Coverage Cannot Be Created Through Waiver or...

Carlton Fields on

On July 30, 2020, the Eleventh Circuit Court of Appeals in AEGIS Electric & Gas International Services Ltd. v. ECI Management LLC reversed the trial court’s grant of summary judgment in favor of an insurer, AEGIS Electric &...more

Jones Day

Insurance Coverage for SEC Disgorgement Awards After the Supreme Court's Kokesh Decision

Jones Day on

The Situation: In 2017, the United States Supreme Court held in Kokesh that disgorgement awards by federal courts in U.S. Securities and Exchange Commission ("SEC") enforcement proceedings are "penalties" for purposes of a...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Jun 27, 2013

Policyholders Who Audit Their Policy Language Before Coverage Disputes Arise Can Avoid Problems Down The Road - Policyholders purchase excess insurance policies to provide themselves with additional layers of...more

Proskauer Rose LLP

New York's Highest Court Sends Strong Signal That Insurance Companies Will Be Held To Their Coverage Obligations

Proskauer Rose LLP on

On June 11, 2013, the New York Court of Appeals decided two groundbreaking insurance coverage cases on public policy grounds....more

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