SWG PL

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Directors and Officers

SWG PL – Directors & Officers Liability insurance provides coverage for damage awards, settlements, and legal defense costs that may result from any breach of duties, wrongful act allegations, and lawsuits brought against an organization’s board of directors and officers including trustees, volunteers, and employees. Wrongful acts may include accusations of mismanagement or breach of fiduciary duties, misrepresentation to shareholders, creditors, and others, and failure to comply with federal or provincial laws and regulations governing workplace safety, employment practices, and environmental practices.

Individuals who serve on Directors and Officers Boards are increasingly held accountable for their actions and/or inactions. The policy will pay on behalf of individual directors, officers, trustees, volunteers, employees, and members of any duly-constituted committee damages and expenses from personal financial loss that may result from allegations and lawsuits of wrongful acts, breach of duties, or mismanagement carried out in their appointed capacity.

Whether allegations are founded or baseless, losses will almost certainly result. Directors and officers liability coverage is key to protecting assets as well as attracting and retaining qualified executives and board members.

The indemnity includes defense costs and damages that the corporation cannot pay, either because indemnification is not permitted, or the corporation is not financially able to do so. The policy will pay on behalf of the corporation for those amounts the corporation is required or permitted to pay on behalf of its insured persons.

The policy provides full entity coverage for the corporation itself by paying on behalf of the corporation the defense costs and damages that it is legally obligated to pay.

Coverage Highlights:

  • Affirmative coverage for: Employment Practices Liability (EPL), Third Party Wrongful Act, Personal injury and Publishers Liability
  • Broad definition of claim include Demands for monetary damages, non-monetary or injunctive relief, civil, criminal, administrative, regulatory, mediation or arbitration proceedings. Civil, criminal, administrative or regulatory investigations. Extradition proceedings. Any request to toll or waive the statute of limitations
  • All-in-one policy includes D&O, Entity, Employment Practices, Fiduciary and Outside Directorship coverages
  • Legal Assistance Hotline
  • Claims made policy
  • Prior acts coverage is built in the wording and extends back to the inception date of the first D&O Liability policy
  • Duty to defend
  • Costs in excess
  • First dollar defense (deductible not applicable to defense costs)
  • Waiver of deductible in the event of no liability
  • Worldwide coverage
  • Broad definition of Insured include the non-profit corporation (entity coverage), any past, present and future deemed or “de facto” directors, officers, trustees, employees, volunteers and any committee members
  • Broad definition of claim
  • Broad definition of Wrongful Act includes Employment Practices, Third Party Employment Practices, Personal Injury and Publishers Liability
  • Corporate brand protection – Crisis management event expenses coverage
  • Corporate investigation costs coverage
  • Pollution defense costs
  • Excess coverage for Side A (Directors and Officers)
  • Non rescindable Side A
  • Bi-lateral discovery period
  • Order of payments
  • DeFacto Executive Extension
  • Final adjudication language for personal conduct exclusions
  • Deletion of hammer clause
  • Spousal and domestic partner coverage
  • 100% defense costs allocation
  • 60-day notice for non-renewal

Available Extensions

  • Multi-year policies – annual aggregate, annual installments
  • Fiduciary Liability – options for shared or stand-alone limits
  • A $100,000 Workplace Violence Coverage sub-limit may be added for an additional premium