Calif. Panel: Defense Costs Not Restitutionary Damages In D&O Coverage Dispute

( November 14, 2024, 3:40 PM EST) -- SAN JOSE, Calif. — A California appeals panel reversed a lower court’s ruling in favor of an excess directors and officers liability insurer in a breach of contract and bad faith lawsuit brought by an insured and its former chief financial officer, rejecting the insurer’s argument that the insured’s claim for underlying defense costs is the substantial equivalent of “restitutionary damages.”...