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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Wednesday, January 4, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Benjamin W. Massarsky
Partner
Miller Friel, PLLC

Mr. Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal and state court. His experience extends to numerous types of insurance coverage, including commercial general liability, directors and officers, errors and omissions, political risk, and music tour non-appearance policies. Mr. Massarsky’s clients have spanned the manufacturing, real estate, technology, and entertainment sectors.

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William C. Wagner
Partner
Taft Stettinius & Hollister LLP

Mr. Wagner is widely recognized as an accomplished and successful trial attorney. He has extensive experience trying and winning cases involving complex, scientific issues in civil and criminal trials in federal and state courts, administrative hearings, and arbitrations throughout the country. In an era when approximately 95% of cases settle, Mr. Wagner has tried more than 50 cases to verdict. His courtroom successes include defeating a nine-figure breach of contract claim, obtaining preliminary and permanent injunctions to protect a client’s trade secrets from misappropriation for technology representing billions of dollars in sales, and representing a world-leading manufacturer of nuclear material handling and lifting equipment pursuing breach of contract and delay damages against the U.S. Navy.

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Description

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.

Outline

  1. Triggering coverage
  2. Notice issues and related claims
  3. Navigating exclusions
  4. Defense considerations
  5. Remedies
  6. ESG

Benefits

The panel will discuss these and other key issues:

  • What is a claim under the relevant policies and when did it arise?
  • What exclusions are invoked to limit coverage for governmental investigations?
  • What are the biggest mistakes policyholders make when attempting to have losses and claims covered?