IPO Litigation Risks

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

Who is an insured on a D&O policy? 

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

The Conduct Exclusion in D&O Insurance

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

What is EPLI Insurance?

What is EPLI or Employment Practice Liability Insurance?     EPLI insurance covers a business against claims which arise from employees and third parties alleging that their rights have been violated. The common allegations which lead to claims include Sexual harassment Discrimination Wrongful termination Failure to hire Failure to promote Hostile work environment Breach of … Read More

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 … Read More

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 … Read More

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 … Read More