IPO Litigation Risks This morning I read an interesting article on IPO litigation risks, from Kevin LaCroix who has a daily D&O newsletter called the D&O Diary – I know, I can hear the chuckling in the back of the room already making fun of my morning reading habits, but there’s often great information here. … Read More
What is an ERP or Tail in D&O Insurance? An ERP is short for the extended reporting period, which is also known as tail coverage and is commonly discussed around D&O, Employment Practice Liability, Professional Liability, and other management and professional policies – in fact, it’s common with all claims made type policy forms. As … Read More
A D&O policy commonly has three sides or parts which are identified as Side-A Side-B and Side-C. This is true in both the private company D&O market and public company D&O market. In this article we discuss how Dedicated Side-A Coverage fits into a management liability program. As a refresher, Side-A protects the organization’s directors … Read More
How are Defense Costs in a D&O Policy handled? When you purchase a management or professional liability policy, such as a D&O, E&O, or Employment Practice Liability policy there is an issue regarding the defense of future claims and how they will be handled. Duty to Defend The first method is that the policy explicitly … Read More
Who is Insured on a D&O policy? In the past, I’ve had clients call and ask me to add new directors who have just joined their board to their D&O policy. Some leaders believe that the D&O policy has a schedule of named insureds, so I thought a quick video on who is actually defined as … Read More
What is Severability in a D&O policy? When reviewing D&O quotes or policies you may see the term severability or full severability and wonder what does this means? So there are two forms of severability when it comes to D&O insurance. The first is known as the severability of the application. What this means is … Read More
The Conduct Exclusion in D&O and E&O Policies. Today we’re going to look at the conduct or misconduct exclusion found in every D&O Director and Officers Liability and E&O – Errors and Omissions Liability Insurance policies. To start with, I’ve said many times that no two D&O or E&O policies are alike. Both are what we … Read More
D&O Insurance Explained. Directors and officers liability insurance, often called D&O insurance is a form of management liability insurance and in the small and medium-sized business market, is regularly packaged with two other management liability forms into a single policy to form a management liability portfolio policy. Those two other forms of coverage are employment practice … Read More
Handling your D&O policy in an M&A Transaction – Addressing Change in Control Provisions Executive Summary: In this article, we explore the insurance issues a company’s decision-makers face when it comes to mergers and acquisitions with specific conversations around the D&O policy’s change in control provision. What it is, how to handle it, and how … Read More
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 … Read More
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