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As a service to Jenner & Block's clients and the greater legal community, the firm's Insurance Recovery and Counseling practice maintains online resource centers that offer the latest case law and other developments.
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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.