Insurance Coverage for Governmental Investigations: Avoiding Exclusions, Ensuring Prompt Notice, Recognizing Claims

This CLE webinar will instruct counsel when a company's D&O or professional liability insurance will cover the costs of responding to a formal investigative order, civil investigative demand, or subpoena. The program will discuss what policy terms and exclusions are often used to limit entity investigation coverage and recommend how to avoid inadvertently forfeiting coverage. The panel will also offer insights about when insurance may cover money payments required as a result of the investigation.

Government investigations, whether by state or federal authorities, can cost companies, their officers, and directors millions of dollars. Much of that cost is related to responding to broadly worded government subpoenas or investigative demands. Whether insurance will cover the cost is complicated and the risks are high. Because these types of investigations can be drawn out, what constitutes a claim and when it arose is not as easy to determine as when a complaint is served.

Environmental, social, and governance (ESG) statements are fast becoming a magnet for federal and state investigators as investors and others seek proof that the representations made are in fact accurate. When these investigators come calling, counsel need to know if coverage exists and must frequently litigate issues related to claims, notice, and a host of exclusions.

Listen as this renowned panel of coverage attorneys discusses when insurance covers the costs of responding to a formal investigative order, civil investigative demand, or subpoena and navigating terms and exclusions, as well as offers best strategies for preserving coverage.