Hunton Andrews Kurth LLP partner Lorie Masters, partnering with insurance broker Marsh and others, analyzed the often complex issues raised by the insurance coverage actions posed by actions alleging violations of antitrust laws. "Optimizing Antitrust Coverage in Private Company D&O Policies," published by Marsh in Insights. Investigations invoking antitrust laws raise the prospect of both civil and criminal liabilities. While most of these investigations are settled or resolved without findings of liability, the defense costs can be staggering. Policyholders should consider whether directors and officers or other insurance applies to cover the costs coming out of such investigations. To maximize coverage, policyholders should work with their advisors to ensure that policies are worded so as to enhance the prospects for obtaining insurance protection for claims alleging "antitrust violations."
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