D &O / Crime & Fidelity Coverage – Subpoena / Search Warrant Coveredshoke2013
D &O / Crime & Fidelity Coverage – Subpoena / Search Warrant Covered: A search warrant and subpoena triggers an insurer’s duty to defend under a Resolute Portfolio for Private Companies Policy (VA. Fed.).
A Virginia Federal Court held that an insurer must provide a defense to a NASA contractor served with a subpoena and search warrant in a fraud investigation despite the insurer’s claim that the warrant was not a legal action against the policyholder. The court found that the warrant and subpoena were written demands for non-monetary relief as well as judicial proceedings constituting a “claim” under the policy. Protection Strategies v. Starr Indemnity, Civil Action No. 1:13-CV-00763, U.S.D.C., Eastern Dist. VA