“A Look at Insurance Coverage for Government Investigations,” Law360
In an article for Law360, Partner Jan Larson, Special Counsel Carolyn Small, and Associate Ben Seelig provide insight on the quirks and potential pitfalls in applying common definitions of a “claim” to different types of government inquiries and investigations. They also explain how recent decisions have interpreted whether certain initiating steps rise to the level of a claim for purposes of triggering potential insurance coverage under liability insurance policies.
“The manner in which the inquiry or investigation begins is the starting point for whether it will constitute a "claim" under the relevant insurance policy,” the authors write. “Notably, the definition of ‘claim’ can vary substantially from policy to policy and create potential coverage gaps, depending upon the form of the inquiry or investigation.”
The authors discuss the manner in which the inquiry or investigation begins, recent developments concerning various types of inquiries and investigations, negotiating choice-of-law and forum-selection provisions, and keeping insurers apprised of investigations.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
In an article for Law360, Partner Jan Larson, Special Counsel Carolyn Small, and Associate Ben Seelig provide insight on the quirks and potential pitfalls in applying common definitions of a “claim” to different types of government inquiries and investigations. They also explain how recent decisions have interpreted whether certain initiating steps rise to the level of a claim for purposes of triggering potential insurance coverage under liability insurance policies.
“The manner in which the inquiry or investigation begins is the starting point for whether it will constitute a "claim" under the relevant insurance policy,” the authors write. “Notably, the definition of ‘claim’ can vary substantially from policy to policy and create potential coverage gaps, depending upon the form of the inquiry or investigation.”
The authors discuss the manner in which the inquiry or investigation begins, recent developments concerning various types of inquiries and investigations, negotiating choice-of-law and forum-selection provisions, and keeping insurers apprised of investigations.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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