[infinityetc]

From the article:

> The choice is not a simple one for the insurer. Its board members, most of whom joined after the bailout, owe a duty to shareholders to consider the lawsuit. If the board does not give careful consideration to the case, Mr. Greenberg could challenge its decision to abstain.

Which is reiterated by the expert they interviewed:

> “On the one hand, from a corporate governance perspective, it appears they’re being extra cautious and careful,” said Frank Partnoy, a former banker who is now a professor of law and finance at the University of San Diego School of Law. “On the other hand, it’s a slap in the face to the taxpayer and the government.”

It may seem reprehensible, but they are obligated by law as a public company with obligations to its shareholders to at least consider it. Whether they join or not, and under what merits, should be how we judge them.