Insurance cover in the case of compliance

An overview of criminal law protection, fidelity insurance and D&O insurance

If a company suspects that criminal offences or other breaches of the rules have been committed, the company management is often under a de facto obligation to investigate suspicious circumstances and clarify compliance incidents, depending on the significance of the possible criminal offences and the degree of suspicion. The company is therefore usually dependent on the results of internal investigations, which are usually very costly. The question therefore arises as to whether the costs incurred for this or the economic disadvantages resulting from compliance cases, such as financial losses, penal disadvantages or damage to reputation, can be covered by insurance contracts. The article sheds light on this important aspect of internal investigations and presents the main differences between various types of insurance that can be considered.

The article was published in Betriebsberater by Dr Jan Ehling, issue 29, 2018, page 1610 et seqq.