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Directors & Officers and Company Coverage

E-Risk’s stand alone Directors and Officers liability coverage has the flexibility to insure the personal assets of the directors and officers as well as corporate assets in the face of claims involving shareholders, mergers and acquisitions, financial restructurings and other liability exposures.

  • Full entity coverage for the Insured Organization
  • Broad coverage for most private securities claims
  • Punitive damaged coverage (most favorable venue language) where insurable
  • Contract exclusion applies only to the Company
  • Additional limit available for non-indemnifiable acts
  • All entity exclusions carved back for security holder litigation
  • Outside directorship coverage for both for and not for profit organizations
  • Functional equivalent coverage for foreign entities
  • Broad definition of claim
  • Broad definition of Loss
  • No failure to maintain insurance exclusion
  • Final adjudication requirement in dishonesty exclusion and personal profit exclusion
  • Pollution exclusion amended to cover share holder derivative actions
  • Broad carve backs as respects the Insured vs. Insured exclusion, including claims brought by any former director or officer of the company solely in their capacity as a securities holder and claims brought or maintained by any bankruptcy trustee
  • No Retention (when EPL Coverage Section is elected)

In addition to the above coverage highlights, our BAM General Terms and Conditions have the following coverage benefits:

  • Duty to defend form
  • World wide coverage
  • Coverage non cancelable by Underwriters except for non-payment of premium.
  • Broad definition of Insureds, including coverage for Directors and Officers, employees as well as the corporate entity and any such organization as a debtor -in-possession or a bankruptcy estate of such entity.
  • Severability as respects all exclusions and the application.
  • Spousal/domestic partner extension
  • Broad definition of subsidiary to include automatic coverage for newly created or acquired subsidiaries with no threshold or reporting requirements. Automatic coverage for joint ventures.
  • Multiple year run off and discovery period options offered at time of quote.
  • Bilateral discovery
  • No Hammer clause
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