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.