New Cases Find Coverage Under D&O Policies For A Company’s Special Investigation Committee Costs

In the recent spate of backdating lawsuits, and in the current wave of financial institution litigation, Directors & Officers (D&O) liability carriers have almost uniformly taken the position that the costs of a company's Special Investigation (or Litigation) Committee (SC) are not covered "Loss."  Two cases in 2009 – the first to address this issue – concluded otherwise. 

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