Judge:  Suit Seeking Restitution Of City's Towing Fee Does Not Trigger Coverage

Mealey's (August 4, 2020, 12:17 PM EDT) -- EAST ST. LOUIS, Ill. — A federal judge in Illinois on Aug. 3 held that an insurer has no duty to defend or indemnify its insured against an underlying class action seeking recovery of an ill-gotten gain, finding that any money the insured might be required to pay amounts to restitution, which is not a covered "loss" under the policy (Atlantic Specialty Insurance Company v. City Of Carbondale, et al., No. 19-556, S.D. Ill., 2020 U.S. Dist. LEXIS 137330)....