Insurance Coverage for Government Investigation Costs

Our colleague Alan J. Sorkowitz recently published an article that should be of interest to any company with potential FCA exposure that maintains D&O coverage.   The article, “Insurance Coverage for Government Investigation Costs: A Matter of Definition,” published in the Bloomberg/BNA Corporate Law & Accountability Report,  explores the law relating to the interpretation of Directors & Officers insurance policies as they apply to government investigations, including FCA investigations.  The article traces the often-conflicting case law on this topic, and identifies decisions in which different courts have interpreted identical policy language and come to opposing conclusions as to their correct interpretation.

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