Panel: Professional Services Exclusion Bars D&O Coverage For Anti-Kickback Settlement

(June 24, 2024, 2:00 PM EDT) -- SAN FRANCISCO — A California appeals panel on June 21 held that an insured’s loss resulting from its settlement with the United States of claims that it violated the federal Anti-Kickback Statute is barred by its primary and excess directors and officers liability insurance policies’ professional services exclusion, affirming a lower court’s ruling in favor of the insurers in the insured’s breach of contract lawsuit....