Your D&O client has received a subpoena from a district attorney. Is the client covered for the cost of responding to the subpoena?

A significant determinant of the value of a directors and officers liability policy is whether and when defense costs coverage applies to the costs of responding to demands for information from public authorities. Coverage varies from policy to policy and from jurisdiction to jurisdiction.

This presentation will cover the following topics:

• How policy's definitions of "claim" and "wrongful act" affect the application of coverage
• Trends in court rulings on D&O coverage for response to demands from public authorities
• The role of agents, brokers, and carriers in clarifying the extent of coverage