Thank you for sharing!

Your article was successfully shared with the contacts you provided.
(L-R)Courtney Horrigan, Dominic Rupprecht and Zachary Roman of Reed Smith. Courtesy photos (L-R)Courtney Horrigan, Dominic Rupprecht and Zachary Roman of Reed Smith. Courtesy photos

The costs of responding to a government subpoena or investigative demand can be substantial. The broadly worded demands for information or testimony typically require burdensome searches through mountains of documents, data, and electronically stored information. With the looming threat of civil or administrative actions against the company and its executivesand possible referral to the Department of Justice for criminal proceedings—a misstep in responding to a subpoena or investigative demand can be devastating.  

As subpoena-response costs rise into the millions of dollars, the question inevitably rises: Will the company’s director’s and officer’s (D&O) or professional liability insurance cover the costs of responding to the subpoena or civil investigative demand? The answer to this question is not always clear. Given the high stakes, insurers and policyholders frequently litigate this issue, with courts across the country reaching different outcomes depending on the unique terms, definitions, and conditions of the policies at issue. Two recent decisions addressing insurance coverage for the costs of responding to government subpoenas—one finding coverage and the other rejecting it—provide helpful guidance for policyholders seeking coverage for these costs.

This premium content is locked for
Insurance Coverage Law Center subscribers only.

Start a free trial to enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.

  • Access the most current expert analysis and daily developments across jurisdictions
  • Solve complex research issues with expert tools and intelligence
  • Tap into insurance coverage expert guidance

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].


Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.