Jared Zola, a partner at Dickstein Shapiro, and Andrew N. Bourne, an associate with the firm, write that a D&O insurer may contend that a mere subpoena received from a governmental entity does not constitute a "claim" within the meaning of a D&O policy. However, the policy language is quite varied from insurer to insurer and insured to insured.
D&O Coverage for Private Equity Companies Responding to Subpoenas
New York Law Journal
September 20, 2012
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