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Insurance

Aug. 7, 2012

Insurance coverage for 'disgorgement' claims

Insurers often assert that the relief requested constitutes "disgorgement" or "restitution" not covered by their policies. They frequently are wrong.

Kirk A. Pasich

Partner, Pasich LLP

Insurance defense litigation, entertainment

Phone: (424) 313-7850

Email: kpasich@pasichllp.com

Loyola Law School

Many businesses today face lawsuits in which the amounts sought often are characterized as something other than compensatory damages. These lawsuits may be brought under federal or state false claims acts, under the Foreign Corrupt Practices Act, under various securities laws, under employment laws, or for the return of monies allegedly paid or fees wrongfully assessed.

In response to requests for coverage for these lawsuits, insurers often assert that the relief requested consti...

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