After our client entered into an “amnesty” agreement with the Justice Department that obligated our client and its directors and officers to cooperate with an investigation of possible Sherman Act violations involving alleged bid rigging, we filed suit against the directors and officers liability insurance carrier to recover the significant costs incurred in responding to a grand jury subpoena issued as part of the government’s investigation. Following a ruling by the trial court holding that the grand jury subpoena and the ensuing investigation could be construed as an “administrative or regulatory proceeding” and hence a “claim” against the insured directors and officers of the company, the matter settled.
Servidyne, Inc. v. St. Paul Mercury Ins. Co., No. 1:07-cv-96-TCB (N.D. Ga. November 4, 2007).