Jenner & Block

“Setting a Framework for Disgorgement Insurance Disputes,” Insurance Law Update

In the September Insurance Law Update, Jenner& Block Partner Jan A. Larson and Associate Catherine L. Doyle highlight the case In re: TIAA-CREF Insurance Appeals, recently decided by the Supreme Court of Delaware.  The court struck a blow to insurers seeking to avoid responsibility for settlement payments made by the policyholder under claims that such payments constitute uninsurable disgorgements.  “This development further shapes the complicated landscape of coverage disputes over disgorgement issues and supports the pro-policyholder proposition that exclusions must be construed narrowly,” the authors observe.  The ILU was republished in Law360.