Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
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
Read more about Shelby GuilbertEmail
Photo of Nicholas Hill Nicholas Hill
Read more about Nicholas HillEmail
  • Posted in:
    Administrative, Corporate & Commercial
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo