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The Insurance Coverage Law Bulletin

December 2008

D&O Coverage for Corporate Criminal Investigations

By Patricia A. Bronte

Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors’ and officers’ liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.

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