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Insurance Coverage for Governmental Investigations: Avoiding Exclusions, Ensuring Prompt Notice, Recognizing Claims

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 4, 2023

Recorded event now available

or call 1-800-926-7926

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.


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.



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


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?


Massarsky, Benjamin
Benjamin W. Massarsky, Esq.

Of Counsel
Miller Friel

Mr. Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal...  |  Read More

Wagner, William C.
William C. Wagner

Taft Stettinius & Hollister

Mr. Wagner is widely recognized as an accomplished and successful trial attorney. He has extensive experience...  |  Read More

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