Scott Seaman Quoted in Law360 Article Discussing TIAA Disgorgement Insurance Coverage Case
In The News | 1 min read
Jun 6, 2018
Hinshaw attorney Scott Seaman, a Chicago-based partner and co-chair of the firm's national Insurance Services Group, talked with Jeff Sistrunk of Law360 in an article titled "Del. TIAA Case May Reshape Disgorgement Claims Coverage." The article previews oral argument in a case currently before the Delaware Supreme Court, in which three insurers are seeking to overturn a ruling that found a trio of underlying class actions involving disgorgement or restitution claims constituted an insurable loss.
Seaman said that the arguments made by the insurers in the appeal are consistent with both relevant policy language and New York public policy: "[s]imply stated, an entity should not be unjustly enriched by retaining its ill-gotten gains and attempting to transfer responsibility to its insurer."
He added that the lower court had erred when it ruled that coverage was appropriate because there had been no "final adjudication" establishing the insured's liability: "[t]he insurers' argument that there is no presumption of coverage under New York law where disgorgement is accomplished by settlement as opposed to adjudication is well-taken. Settlement and rote denial by the insured should not allow it to circumvent public policy and transmogrify disgorgement into an insurable event."
Read the full article (subscription required)
Related People
Related Capabilities
Related Locations
Featured Insights

In The News
Sep 21, 2026
Marisa Roman Cautions Clickwrap Agreements Are Not Enough to Let Companies Off “Scot-Free”

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 17, 2026
Federal and State Regulators Continue Crackdown on Junk Fees

Press Release
Sep 17, 2026
Defense Verdict Reduces $134 Million Demand to $2 Million in Catastrophic Motorcycle Injury Case

Insights for Insurers Alert
Sep 16, 2026
America 250: The Nation’s Unique Contributions to Insurance Coverage Law and Litigation

In The News
Sep 15, 2026
Lucy Wang Discusses the California Insurance Commissioner’s Role in Protecting Consumers

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit


