This site uses cookies to provide you with a more responsive and personalized service. By using this site you agree to our use of cookies. Please read our cookie notice for more information on the cookies we use and how to delete or block them.

Bookmark Email Print page

Internal Investigation Costs

Securing elusive insurance coverage


DOWNLOAD  

The potentially high cost of internal investigations has increased demand for insurance coverage. Traditional directors and officers (D&O) insurance policies afford some level of investigations coverage, however the parties must carefully assess whether the risk being covered is the same risk that they seek to have covered. While companies may believe they have purchased “investigations coverage,” these policies may contain limitations regarding the number, size, complexity, scope, onset and cost of modern investigations.

The implications for D&O insurance coverage related to investigations are significant and to ensure the maximum coverage possible for costs associated with investigations, several portions of a policy including definition of claims, co-defendant language, definition of loss, conduct exclusions and adjudication language, civil fines and penalties coverage must be addressed.

It is important to remember that D&O insurance policies are not off-the-shelf products. Instead, they differ widely from carrier to carrier and insured to insured and can - and should - be tailored to meet a given company’s needs.

The attached report explores how investigation costs may, at least in part, not be covered by traditional D&O policies, and options that may provide greater protection.

Material on this website is © 2014 Deloitte Global Services Limited, or a member firm of Deloitte Touche Tohmatsu Limited, or one of their affiliates. See Legal for copyright and other legal information.

Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms.

Get connected
Share your comments

 

More on Deloitte
Learn about our site