• 22
  • Jan2020

What is Fiduciary Liability Insurance?

What is Fiduciary Liability Insurance?
Fiduciary Liability Insurance is an important coverage part for any employer with an ERISA based retirement plan such as a 401k or pension plan. In an earlier post, we described what an ERISA Bond is; which is a form of Fidelity protection.  Business owners and some insurance brokers confuse fidelity and fiduciary.  Unfortunately, the two coverages

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  • 20
  • Oct2019

Everything You Need To Know About D&O Insurance in NY

Everything You Need To Know About D&O Insurance in NY
D&O Insurance is Personal Net Worth Insurance D&O insurance, or more formally Directors and Officers Liability insurance in NY protects the personal assets of corporate directors, officers, managers, and other decision-makers as well as their spouses. We like to call it Personal Net Worth Insurance because that’s exactly what it does – D&O Insurance protects the

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  • 30
  • Nov2018

A Guide to D&O Insurance

A Guide to D&O Insurance
Directors & Officers Liability Insurance, commonly known as D&O can be confusing.  It's a very different type of policy than most business leaders are familiar with.  The policy itself is written on a "Claims-Made" policy form, which is a bit confusing, the insuring agreements are different than most other liability policies, and to make it even

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  • 05
  • Oct2018

When Should A Private Company Consider Purchasing D&O Insurance?

When Should A Private Company Consider Purchasing D&O Insurance?
I get this question a lot, from prospects, clients, and centers of influence.  I understand that for a lot of private company owners, D&O may seem like a “nice coverage to have”, but since it’s not mandated by anyone or required by law the purchasing decision gets deferred, sometimes indefinitely!   I get it, insurance isn’t a

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  • 20
  • Sep2018

What is Tail Coverage in a Claims-Made Policy?

What is Tail Coverage in a Claims-Made Policy?
There are two predominate classes of policies are written on Claims-Made policy forms which often require a discussion of Tail Coverage: Management Liability (D&O, Employment Practice Liability, Fiduciary, Cyber) and; Professional Liability forms (E&O, Malpractices, Lawyers Professional, Accountants Professionals, etc.) Here's the basics of Claims-Made & Tail Coverage: For a claim to be covered in a claims-made

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  • 19
  • Sep2018

What Happens to a D&O Policy in M&A?

What Happens to a D&O Policy in M&A?
Handling your D&O policy in an M&A Transaction Merger and acquisition activity continues to hit record levels in almost all industries today.  One important issue that needs to be addressed is what do you do with your D&O in an M&A transaction? Yes, all your other policies need to be addressed as well, but during a

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  • 17
  • Sep2018

New York Stop Sexual Harassment Act

New York Stop Sexual Harassment Act
Several changes are on the immediate horizon for New York Employers when it comes to sexual harassment training and documentation.  This document New York Fair Employment Laws  will give you a broad overview of the employment issues in New York State and New York City coming up in October. The most notable requirement is that this impacts

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  • 06
  • Aug2018

What Is a Warranty Statement

What Is a Warranty Statement
What is the Warranty Statement on a D&O or Employment Practice Liability Policy? I’ve been asked on several occasions when a client is applying for Employment Practice Liability Insurance (EPLI) or Directors & Officers Insurance (D&O) if a potential claim or “situation” in the past would be covered by their new policy?  This article will explore

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  • 30
  • May2018

What is Fiduciary Liability?

What is Fiduciary Liability?
Fiduciary Liability is often combined with Directors & Officers (D&O) Liability and Employment Practices Liability (EPLI) to form the basic management liability package or portfolio.  But it often confused for fidelity bond coverage or employee benefit coverage (which is found in many general liability policies). Fiduciary liability coverage is playing a growing and important role to

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  • 25
  • May2018

Fiduciary Liability and The Home Depot 401k Claim

Fiduciary Liability and The Home Depot 401k Claim
In April 2018 The Home Depot was sued in a fiduciary liability action where plaintiffs alleged that the company placed the employees 401k retirement plan in poorly performing funds and where they overpaid for investment advice.  Plaintiffs are seeking $140 million in damages. The class action complaint represents nearly 200,000 current and former plan participants and

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