On May 3, the 7th U.S. Circuit Court of Appeals sided with the policyholder, resolving an insurance coverage dispute over a $100 million settlement related to claims under the federal Anti-Kickback Statute and the federal False Claims Act.
Read on for analysis of this decision, which tries to clarify the difference between compensatory damages, which may be covered by insurance under Illinois law, and restitutionary damages, which generally are not.