In Another Blow to the “Uninsurability” Defense, Court Holds that Settlement Labeled “Restitution” is Insurable

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In previous posts, we have emphasized the continued judicial trend rejecting insurer arguments that losses purportedly sounding in restitution or disgorgement are “uninsurable” under D&O policies. Despite that trend, insurers continue to invoke “uninsurability” under state law or vague notions of public policy, even where such a doctrine has not been recognized in the relevant […]
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