Roadblocks To D&O Coverage For Subpoena Response Costs

Law360, New York (April 17, 2014, 9:51 PM EDT) -- Responding to a subpoena can be an expensive proposition. Fortunately, in many instances, a company can call upon its D&O insurer to help defray the significant costs, although coverage is often not obtained without some wrangling. This article discusses the main roadblocks that D&O insurers erect to avoid covering subpoena response costs, and examines whether and how policyholders can overcome them. It also discusses how to maximize coverage by assessing which response-related costs are covered, including indirect costs.

The subpoena — a writ commanding the production of documents and/or witness testimony — is a widely used tool in federal and state...

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