A standard D&O insurance policy provision specifies that the term “Claim” means, in part, a “written demand for monetary damages or non-monetary relief.” A recurring question that arises under this language is: what exactly is “non-monetary relief”?  In a recent case, an Ohio intermediate appellate court considered the question whether a demand for a software audit from a software industry group alleging unauthorized software copying constituted a written demand for non-monetary relief; the court concluded that it did and that it therefore that the demand represented a claim under the applicable D&O policy. The court also considered the applicability of the policy intellectual property (IP) infringement exclusion. A copy of the Ohio Court of Appeals, Third Appellate District’s October 11, 2016 opinion can be found here. 
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