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Del. TIAA Case May Reshape Disgorgement Claims Coverage

June 5, 2018, Law360

Mitchell Dolin is quoted in a Law360 article regarding a case before the Delaware Supreme Court in which three insurers are asking to upend a state court’s holding under New York law that TIAA’s costs in connection with a trio of underlying class actions constituted an insurable loss. “Here, the policy defines loss as including settlements, so coverage exists in the first instance, and no express exception takes that coverage away," says Dolin. “I think the lower court here followed a trend of courts stepping back and saying, ‘If the terms of the policy do not eliminate coverage in the absence of an adverse final judgment, we are not going to infer a public policy prohibition on coverage for a settlement.’”

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