Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Recent Decision from Eastern District of New York Confirms D&O Coverage for False Claims Act Defense Costs

By Shelby L. Peek, Shelby Guilbert & Nicholas Hill on December 9, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

A recent decision by the U.S. District Court for the Eastern District of New York illustrates how directors and officers (D&O) policies can provide valuable insurance coverage for defense costs and potential liabilities arising from False Claims Act (FCA) litigation. In Northern Metropolitan Foundation for Healthcare, Inc. v. RSUI Indemnity Company, the insured — an owner and operator of adult healthcare centers in Brooklyn, New York — sought coverage under a D&O policy for defense costs for a relators’ qui tam action alleging that the insured defrauded the federal and New York state governments in submitting claims for reimbursement. The government chose not to intervene, and the qui tam lawsuit was ultimately dismissed. The D&O policy at issue contained a Government Funding Defense Expense Coverage provision excluding “the return of funds which were received from any federal, state, or local government agency” from the policy’s definition of “Loss,” and limiting coverage for “any Claim arising out of the return, or request to return, such funds.”

Read on to learn more about the decision and how healthcare providers can protect themselves against the risk of expensive government investigations and FCA litigation.

Photo of Shelby Guilbert Shelby Guilbert

Shelby, chair of McGuireWoods’ Commercial Litigation Department, represents businesses, manufacturers, financial institutions, and healthcare providers in insurance recovery actions, high-stakes contract disputes and cross-border litigation. Over the last three years he has recovered over a billion dollars from insurance companies on behalf of…

Shelby, chair of McGuireWoods’ Commercial Litigation Department, represents businesses, manufacturers, financial institutions, and healthcare providers in insurance recovery actions, high-stakes contract disputes and cross-border litigation. Over the last three years he has recovered over a billion dollars from insurance companies on behalf of his policyholder clients and in 2024, Legal 500 recognized him as a “Leading Lawyer” for insurance advice to policyholders. His experience includes handling coverage litigation involving all major lines of insurance, including CGL/umbrella, Crime/Fidelity Bond, Cyber, D&O, E&O, Marine Cargo, and Property lines.

Read more about Shelby GuilbertEmail
Show more Show less
Photo of Nicholas Hill Nicholas Hill
Read more about Nicholas HillEmail
  • Posted in:
    Insurance
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo