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Insurance coverage considerations for False Claims Act investigations and settlements

Tourists at the Lincoln memorial at night.
The FCA is often historically referred to as “Lincoln’s Law”, passed in 1863 to combat fraud by military suppliers during the American Civil War .Photo: Getty Images

As enforcement priorities evolve and new areas of risk emerge, insurance coverage remains a vital component of managing the financial exposure associated with FCA investigations and litigation.

Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, including diversity, equity, and inclusion (DEI)-related representationscybersecurity vulnerabilities in products or services provided to federal agencies, and alleged tariff evasion or customs

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