D&O Insurance Coverage For Government Investigations

Policyholders should carefully review their directors and officers coverage, and keep abreast of policy language differences and jurisdictional differences in policy interpretation, to determine what coverage is available for the often-substantial expenses of responding to government investigations.

A pair of 2017 decisions underscore the importance of understanding how directors and officers (“D&O”) liability insurance applies in the case of government investigations. D&O polices typically provide coverage for a “claim” made during the coverage period against insured persons as to “wrongful acts.” Coverage often turns on the...

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