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The Sixth Circuit recently held that Michigan public policy and an Executive Protection Policy’s definition of “Loss,” including its carve-out for disgorgement of unlawful profits, do not preclude insurance coverage for a class action settlement consisting of wages that were allegedly wrongfully retained in violation of the Sherman Act, 15 U.S.C. § 1. William Beaumont Hosp. v. Federal Ins. Co., __ F. App’x __, 2014 WL 185388, at *5-7 (6th Cir. Jan. 16, 2014) (No. 13-1468). The Sixth Circuit joins a number of other jurisdictions that have distinguished the Seventh Circuit’s often cited decision in Level 3 Communications, Inc. v. Federal Insurance Co., 272 F.3d 908 (7th Cir. 2001), in which the court held that “loss” in a directors’ and officers’ liability insurance policy does not include the restoration of an ill-gotten gain. Id. at 910.