Jan 62016
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.