When Is an SEC Investigation a “Claim” for Purposes of D&O Coverage?

As the U.S. Securities and Exchange Commission (SEC or
Commission) ramps up its efforts to investigate corporate
accounting and financial malfeasance in the wake of the
current financial crisis, U.S. companies and their directors and
officers may find themselves the subject of a formal or informal
investigation. They will, in turn, look to their Directors & Officers (D&O) insurance policies to fund the high legal costs incurred in responding to investigations. As recent case law demonstrates, coverage for such expenses, in a given case, will likely depend on whether the specific investigatory action falls within the policy’s definition of a “claim.”

Read more: When Is an SEC Investigation a “Claim” for Purposes of D&O Coverage? — Dickstein Shapiro LLP