In Federal Ins. Co. v. Kozlowski, 2005 WL 646497 (N.Y.A.D. 1 Dept. Mar. 22, 2005), a New York court ruled that an executive liability insurer was required to defend an insured for an ERISA action and pay defense costs for a securities action and a criminal prosecution.

L. Dennis Kozlowski, former Tyco CEO, faced civil actions regarding his management of employee benefit plans and violations of security laws and rules. Criminal charges alleging theft of Tyco assets and falsifying business records and concealing and distorting material information were also brought against him. He looked to his insurer, Federal Insurance Company, for defense.