An insurer cannot escape coverage for a False Claims Act settlement simply because the underlying allegations involve fraud.
In Guidehouse Inc. v. Continental Casualty Co., No. 1:25-cv-1601 (RDA/IDD), slip op. (E.D. Va. Sept. 29, 2026), a Virginia federal court held that an insurer was obligated to cover a $7.6 million False Claims Act settlement, subject to a $5 million retention.
Guidehouse helped administer New York's COVID-era rental-assistance program, whose online portal was shut down just 12 hours after launch when applicants' personal information was exposed. A whistleblower alleged that Guidehouse misrepresented the system's cybersecurity compliance, leading to a DOJ investigation and a $7.6 million settlement without any admission of wrongdoing.